In using this Speedwell Weather website you will be deemed to have
accepted these Terms and Conditions in relation to all data, documents,
web-delivered software tools and graphical outputs provided through this
website and/or such additional data which may be derived by other
electronic means or web services (all collectively described as " SAMPLE
1.THE SAMPLE DATA
Speedwell Weather Limited (SWL) grant you a
non-exclusive, non-transferable permit for you to use the Sample Data to
view, print, or process
solely for your internal business
requirements subject to the preservation of all relevant SWL copyright
marks and/or logos found on such Sample Data. You are not permitted to
lend, share, resell, sub-licence or allow any third party to use the
Sample Data or any rights in the Sample Data whether in whole or in part
without the express permission in writing from SWL . You shall not
copy, extract, export, insert or otherwise use the Sample Data in whole
or in part except as expressly authorised by these Conditions. Without
limiting the generality of the foregoing you shall not use the Sample
Data or any part thereof to create or distribute any list, database or
other compilation regardless of whether such list, database or other
compilation contains more or less information then that provided by us
or organises such information in the same or different manner than as
received by you. In respect of web-delivered software tools, You agree
not to alter, enhance, make derivative works reverse engineer, use
web-delivered tools by means of any automated program or expert system
or electronic agent or "bot", nor give any third party access to your
2.1 ACCURACY OF DATA:
WE WILL USE REASONABLE SKILL AND CARE IN THE
PRODUCTION OF THE SAMPLE DATA AND MAKE EVERY REASONABLE EFFORT TO ENSURE
THAT THE SAMPLE DATA IS ACCURATE, BUT WE DO NOT WARRANT OR GUARANTEE
THE ACCURACY OR COMPLETENESS OF THE SAMPLE DATA OR ITS FITNESS FOR ANY
PURPOSE AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSSES INCURRED BY YOU
AS A RESULT OF YOUR RELIANCE ON THE SAMPLE DATA.
2.2 RIGHT TO DISTRIBUTE SAMPLE DATA AND PROVIDE SERVICES:
WE REPRESENT AND WARRANT THAT WE HAVE THE RIGHT TO
DISTRIBUTE/LICENSE THE SAMPLE DATA TO YOU AND PROVIDE THE SERVICE TO YOU
AS SET FORTH HEREIN AND YOUR USE OF THE SAMPLE DATA AS PERMITTED
HEREUNDER WILL NOT VIOLATE OR INFRINGE UPON ANY RIGHTS HELD BY THIRD
PARTIES, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS HELD
BY ANY INDIVIDUAL OR ENTITY.
2.3 IMPLIED WARRANTIES:
WE EXCLUDE ALL OTHER WARRANTIES, CONDITIONS, TERMS,
UNDERTAKINGS AND OBLIGATIONS WHETHER EXPRESS OR IMPLIED BY STATUTE OR
OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW.
2.4 WARRANTY DISCLAIMER :
THE EXPRESS WARRANTIES CONTAINED IN THIS CONTRACT
AND THESE CONDITIONS ARE IN LIEU OF ALL OTHER WARRANTIES,
REPRESENTATIONS AND GUARANTEES OF ANY KIND BY SWL . EXCEPT AS EXPRESSLY
SET FORTH IN THESE CONDITIONS ALL PRODUCTS, SERVICES AND OTHER
MATERIALS (IF ANY) ARE FURNISHED BY SWL AND ACCEPTED BY YOU "AS IS". ALL
OTHER WARRANTIES WHETHER STATUTORY EXPRESS OR IMPLIED ARE SPECIFICALLY
EXCLUDED AND DISCLAIMED BY SWL INCLUDING WITHOUT LIMITATION ANY IMPLIED
OR OTHER WARRANTIES OF OR AGAINST (1) INTERFERENCE WITH QUIET ENJOYMENT,
NON-INFRINGEMENT, WORKMAN LIKE EFFORT, QUALITY, ACCURACY, TIMELINESS,
COMPLETENESS, TITLE, COMPATIBILITY, INTEGRATION, NO ENCUMBRANCES, NO
LIENS, TITLE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE (2)
THAT ANY PRODUCTS, SERVICES OR OTHER MATERIALS WILL CONFORM TO ANY
DEMONSTRATION OR PROMISE BY SWL OR (3) OR THAT MAY ARISE THROUGH ANY
COURSE OF DEALING BETWEEN THE PARTIES. WE DO NOT WARRANT THAT THE SAMPLE
DATA OR ANY OTHER MATERIALS PROVIDED HEREUNDER WILL MEET YOUR
REQUIREMENTS OR THAT THEIR ACCESS OR USE WILL BE UNINTERRUPTED, ERROR
FREE OR COMPLETELY SECURE. EXCEPT AS EXPRESSLY PROVIDED IN THESE
CONDITIONS THE ENTIRE RISK AS TO THE PRODUCT, SERVICES AND OTHER
MATERIALS PROVIDED IS WITH YOU INCLUDING FOR QUALITY AND PERFORMANCE AND
FOR ACCURACY OR QUALITY OF ANY INFORMATION TRANSMITTED, RECEIVED OR
OTHERWISE DELIVERED VIA THE PRODUCTS AND SERVICES.
3.1 Death or personal injury:
Nothing in these Conditions limits or excludes our
liability for the death or injury of any person caused by our
3.2 Consequential loss:
Subject to Condition 3.1, we will not be liable to
you for loss of actual or anticipated profits or savings, loss of
business, loss of opportunity, loss or spoiling of data, loss of
contracts, or for any indirect or consequential loss, whether arising
from negligence, or breach of contract, or in any other way, even if we
were advised of, or knew of the likelihood of, that loss or type of loss
3.3 Apportionment of risks:
You acknowledge that the above exclusions and limitations have been
drawn to your attention and are a fair apportionment of risk bearing in
mind the amount of the Fee.
3.4 Consumer Rights:
If you are a consumer, nothing in these Conditions shall affect your statutory rights.
You will keep SWL fully and effectually indemnified
against all actions, claims, proceedings, costs and damages (including
any sums paid by you to compromise or settle any claim) together with
all legal costs or expenses arising out of any claim by a third party
based on your use of the sample Data.
4. PROPRIETARY RIGHTS
Any and all proprietary rights in the Sample Data are owned by SWL or by our licensors and are subject to copyright protection.
4.2 Retained rights
Nothing in these Conditions transfers to you the
copyright or database rights or any other intellectual property rights
in the Sample Data or in any software, software tools, design concepts,
know-how, techniques or methodologies which we use in providing the
Service and the Sample Data, the ownership of which remains absolutely
4.3 Enforcement of rights
You will give SWL any assistance we may require to
enable us to obtain, defend and enforce the proprietary and intellectual
property rights in the Sample Data and the Service.
5. DATA PROTECTION
The company ensures that all data will be held in compliance with current and future legislation.
We may ask for your name, email address and other
details provided by you when you register or provide us with this
information to supply you with meteorological data or tools from our
website. Where relevant we may also use information about your credit
status from credit reference agencies, to assess any credit application
and in such cases the agencies will keep a record of our enquiries.
We may share information about the way in which you
conduct your account with other lenders and with credit reference
agencies. We will disclose to the agencies information about you in the
event of you defaulting on debt.
Otherwise, all personal information provided
by you and any other information relating to you will be treated in
confidence by us and will not be disclosed to any third parties
We may also record information about purchases you
have made or pages visited on our site, in order to improve the way our
site operates or to provide you with information in accordance with the
uses set out below under "How will we use your data?".
If you do not wish to receive marketing material
from us please let us know. For your security, and training purposes,
telephone calls may be recorded. They may be used as evidence in the
event of any dispute with the company.
How will we use your data?
We may use your personal data for administration, analysing your purchasing preferences and credit checking.
A cookie is a text file stored by a browser on an
individual's computer system that holds information. It will store your
user id number, our domain name and a session number so that your
profile may be recognised and we can deliver the information you have
Your browser must be set to receive cookies in order to use our site.
By using this website, you consent to the collection and use of this information by
Speedwell Weather. If we decide to
that you are always aware of the information we collect, how we use it
and under what circumstances it is disclosed.
You have the right to ask for a copy of the
information we hold about you (for which we may charge a small fee) and
to correct any inaccuracies in your information.
We will not provide your details to any third
parties without your prior consent except as permitted under the Data
Protection Act 1998. However, the Internet is not a 100% secure medium
of communication and, accordingly, we cannot guarantee the security of
any information you send to us via the Internet. We are not responsible
for any damages you, or others, may suffer as a result of the loss of
confidentiality of such information.
6. SUSPENSION OF SERVICE
We reserve the right at any time to suspend
provision of the Service for the purposes of repair, maintenance or
support, or in the event of any actual or suspected breach of these
Conditions, or if there is or we believe or suspect there is any fault
in the Service or in any system used by you.
No failure or delay by us to exercise any right,
power or remedy will operate as a waiver of it nor will any partial
exercise preclude any further exercise of the same or some other right,
power or remedy.
7.2 Entire agreement and variation
In respect of the Sample Data, these Conditions
supersede all prior agreements, arrangements, representations and
understandings between you and us and constitute the entire agreement
between you and us relating to the Sample Data. Nothing in these
Conditions or elsewhere in these Conditions is intended to prevent us
taking action in respect of misrepresentations made fraudulently, if
any, upon which either you or we relied in circumstances where it was
reasonable to rely. We may vary these Conditions at any time for
whatever reason provided we publish such varied conditions on the our
You may not assign, transfer, sub-contract
or sub-license your rights or obligations under these Conditions or
sell-on or share any Sample Data, whether in whole or in part, without
first obtaining our explicit written consent.
7.4 Rights of third parties
These Conditions expressly exclude any rights
granted to any third party under the Contracts (Rights of Third Parties)
These Conditions shall be construed and enforced in accordance with the laws of England and Wales.
Speedwell Weather Limited. Registered Office Mardall
House, Vaughan Road, Harpenden, Herts AL5 4HU. Registered in England
and Wales number 3609477.