Please read the following Subscription Terms and Conditions carefully.

​

Weather Matters with Karl Lijnders (‘Weather Matters with Karl Lijnders’, ‘our’, ‘we’ or ‘us’) is the owner of the Platform. By using the Platform and/or by registering for our Subscription service you agree to abide by these Terms and Conditions (the Terms). These Terms set out the general legal relationship between you and Weather Matters with Karl Lijnders.  

 

    You acknowledge that:

1. You are over the age of eighteen (18) years; and

2. You have read and you agree to these Terms and our Privacy Policy,

   by clicking to accept, or ticking the box under, “I have read and agree to the Terms and Privacy Policy of Weather             Matters with Karl Lijnders”.

  If you do not agree to these Terms, you will not be allowed to proceed with your intended purchase of a Subscription, we    will not provide you with any Services, and we ask you to cease using the Subscription.

​

CONTRACT

1. Contract                                                                                                                                                                                                         1.1  You agree that by clicking to accept under, “I have read and agree to the Terms and Privacy Policy of Weather Matters with Karl Lijnders”, you are making an offer to enter into a contract with us.                                                                1.2 In relation to any purchases made through the Platform, a contract between you and Weather Matters with Karl Lijnders is formed when we communicate acceptance of your offer, this may be in the form of an email confirmation, ‘confirmation of order’ and/or automated response                                                                                                                         1.3 These Terms will prevail over any other documentation or communication from you or us.

​

      Updates 

       We reserve the right to change these Terms from time to time, and at any time, and you agree to be bound by any             such changes when they are posted on the Platform.

​

   2. Definitions

​​

 Weather Matters with Karl Lijnders is a paid meteorological service, aimed at providing customers with curated       information and analysis on future weather events, including but not limited to presentations and live on-air weather     analyses. For the purpose of these Terms:

1. “Agreed Period” means either a weekly, monthly or yearly period, as selected by you when purchasing a Subscription.

2. “Custom Weather Report” means a once off, curated Weather Report to be delivered by Weather Matters with Karl Lijnders;

3. “Fee” means a once off payment for the purchase of a Custom Weather Report and/or Product.

4. “Platform” means any mobile app, software, server or website to which you are granted access by our Subscription service.

5. “Product” means goods sold through the Platform, but does not include Weather Reports or Custom Weather Reports;

6.  “Subscription” is a licence to access periodic Weather Reports;

7. “Subscription Fee” means a once off payment for the purchase of a Subscription for the Subscription Period.

8. “Subscription Period” means the Agreed Period following each payment of the Subscription Fee;

9. “Weather Report” means a meteorological report, materials and intellectual property developed and owned, or licensed, by Weather Matters with Karl Lijnders and includes Custom Weather Reports; and

10. “You” is a reference to the person or entity that purchases the Subscription

 

  3. Terms of Purchase

  3.1 Application of this clause

  This clause 3 applies to the purchase of a Subscription, Custom Weather Report and/or Product whether through the     Platform or in any other way.

  3.2 Sale and Purchase

 Subject to your compliance with these Terms, in consideration for the payment of the Subscription Fee and/or Fee, we   agree to provide you with the relevant Subscription, Custom Weather Report and/or Products

  3.3 Payments

1. ​

   1. We reserve the right to accept or reject (in whole or in part) any order(s) for a Subscription, Custom Weather Report and/or Product placed by you (“an Order”).

   2. Once an Order has been received and accepted by us, an order confirmation will be sent to your nominated email address. Payment of the Subscription Fee and/or Fee is not considered ‘acceptance’ of an Order by us.

   3. If we reject an Order, an order rejection will be sent to your nominated email address and you will receive a full refund of the Subscription Fee and/or Fee paid.

   4. Payments may be made by credit card, or by some other means permitted by us from time to time.

   5. All Fees and Subscription Fees appear in Australian dollars and are inclusive of GST (where applicable).

   6. You may update your payment method or details at any time by logging in to the “my account” page on our website.

   7. All online credit card transactions are secured payments. If you have questions about security of payment, you can email us at karllijnders@weathermatters.org.

2. Subscription Fees

   1. Subscription Fees are pre-paid at the beginning of each Subscription Period and renew automatically unless cancelled before the beginning of the next Subscription Period.

   2. You may cancel your Subscription only for the subsequent Subscription Period onwards.

   3. No refund will be paid (and no cancellation fee will apply) in relation to cancelled Subscriptions or for a pre-paid Subscription Period.

   4. Using the payment details you provide on our website, our systems will attempt to process a payment for the full amount of the weekly Subscription Fee on the day the next Subscription Period begins.

   5. Only when a Subscription payment is successful will you gain access to the paid members content.

   6. For Subscriptions set to auto renewal, our system will attempt to process a payment against the original details initially provided on the day of the weekly from the day you subscribe.

   7. Should an initial Subscription Fee or Subscription renewal payment fail your membership account will be placed on hold and you will be unable to access your Subscription.

   8. You are able re-activate a Subscription by updating the payment method or payment details at any time by logging in to the “my account” page on our website then going to Subscription, view and pay now.  

   9. Subscription Fees are correct at the time of display on the Subscription, although they are subject to change.

   10. You are not entitled to set off the Subscription Fee against any sums owed or claimed to be owed by us to you.

3. Expiry of Access to Subscription

   1. You are provided access to a Subscription for the Subscription Period, as extended by each payment of the Subscription Fee.

   2. We may (in our absolute discretion) terminate your access to the Subscription, Weather Reports, your customer account and we may cease providing you with a Subscription.

1. customer’s obligations AND CUSTOMER ACCOUNT

1. Customer’s Obligations

You agree to:

1. co-operate with us and provide us with any information reasonably required by us to provide you with access to the Subscription, Custom Weather Report and/or Product;

2. register your details in the Platform;

3. keep us notified of your correct name, postal address and any phone, fax or email information; and

4. comply with all of these Terms.

5. Customer Account

   1. A customer account may be provided by Weather Matters with Karl Lijnders to each holder of a Subscription and/or Custom Weather Report.

   2. With respect to your customer account (on the Platform), you warrant and represent that you will:

      1. only submit accurate information;

      2. keep your personal information up to date and accurate at all times;

      3. choose an appropriate password (having regard to any password criteria posted on the Platform) and to keep your username and password confidential; and

      4. not transfer your account to another individual without our consent (which may be withheld in our absolute discretion).

   3. You must notify Weather Matters with Karl Lijnders immediately of any unauthorised use of your username, password or customer account. We reserve the right to request that you alter or change your username and password if we believe that they have been compromised.

   4. You can alter your password at any time via the Platform.

   5. If you give access to your customer account to third parties (whether intentionally or by accident):

      1. the third party has no right to use the Platform, Subscription and available Weather Reports; and

      2. we disclaim any liability in connection with a third party abusing or misusing your customer account as a result of your granting that access.

6. Use of Computer

   1. Whilst we try to ensure that the Platform do not contain any errors, defects, malfunctions or corruptions, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Platform or any of the data made available via the Platform.

   2. You acknowledge that you are responsible for taking appropriate precautions against viruses, hacking, and other types of computer misuse, even where the source of the malicious codes is from your access to our Platform.

1. ACCESSIBILITY OF the REPORTS

1. Access

   1. Any right to access the customer account and information provided through it is personal to you and may not be transferred or completed by any person.

   2. We will provide you access to the Weather Reports after we have received payment and confirmed the Order of a Subscription and/or Custom Weather Report.

2. Copyright and Use of Weather Reports

   1. The information on the Platform and any Weather Report is protected by copyright and other intellectual property rights owned by us.

   2. Where you have been granted access to Weather Report through a Subscription, you may not re-sell access to or make available the Subscription or otherwise distribute usernames and passwords to anyone except as permitted under these Terms or as permitted in writing by Weather Matters with Karl Lijnders.

3. Licence to use a Weather Report

   1. In consideration of receipt by us of the Subscription Fee and/or Fee, we grant to you a non-exclusive, non-transferable licence to use the Weather Reports for personal use only. The licence confers personal rights of use only and does not confer any other right, title or interest in the whole or any part of the Weather Reports or material contained within.

   2. You must not use the Weather Reports licensed to you for any commercial purpose.

   3. You must not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any part of a Weather Report.

   4. Any use of a Weather Report not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.

4. Quality of the Services

   1. Weather Matters with Karl Lijnders does not give any representation or warranty of any kind (whether express, implied, statutory or otherwise) including in relation to the availability, accuracy, currency, completeness, quality, reliability or suitability for any purpose of a Weather Report and any information or material available from it, or that the information or material will not infringe any third party intellectual property rights, or that the Platform will be free from defects, viruses, third party interception or other security threats or vulnerabilities including those which could cause loss or damage to you.

   2. You are solely responsible for your use of the Weather Reports (and any information or material available from it) and you accept all risks and consequences that might arise from your use of a Weather Report (and any information or material available from it).

   3. Weather Matters with Karl Lijnders is not in any way liable for losses, damages, costs, expenses and liability of any kind that you or any other person may suffer or incur directly or indirectly from you using a Weather Report and any information or material available from it, although it may be accurate, we are unable to verify or guarantee authenticity of information on the site, so using or redistributing it is at your own risk.

   4. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.

5. Accessibility

   1. Weather Matters with Karl Lijnders will take all reasonable endeavours to ensure that the Platform is available 24 hours, 7 days a week, however Weather Matters with Karl Lijnders cannot promise that access to the Platform will be uninterrupted or error free.

   2. You acknowledge and agree that there may be occasions when access to the Platform is interrupted due to updates, internet failures or power outages, and in this instance:

      1. You accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability; and

      2. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.

6. Third Party Links

The Platform may provide links to third-party websites from time to time. We are not responsible in any way for the content of any third-party websites or for goods or services provided by the operators of such websites.

1. REFUNDS

1. Refunds

   1. If access to a Report or Subscription becomes unavailable, you will not receive a refund of any kind.

   2. We reserve the right to issue refunds or credits at our sole discretion.

   3. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

1. Product returns

1. Returns Policy

   1. Our returns policy is in addition to your rights under the Australian Consumer Law because we want you to be happy with your purchase. Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you.

   2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

   3. Assess the condition and age of returned goods prior to providing a repair, exchange or refund. This may result in a repair, exchange or refund being refused.

   4. Please note:

      1. your original Weather Matters with Karl Lijnders receipt is the best form of proof of purchase;

      2. refunds will be issued using your original payment method; and

      3. gift cards are not redeemable for cash.

   5. Products can be returned by mail. You will need your tax invoice (email receipt) as information on this is needed as proof of purchase. For change of mind return/exchange, delivery fee is non-refundable. You are liable for return Product postage costs to Weather Matters with Karl Lijnders.

2. Change of Mind

If you wish to return a Product because you have changed your mind about your purchase, Weather Matters with Karl Lijnders will offer you an exchange voucher or refund provided that:

1. you return the Product within twenty-eight (28) days of purchase;

2. you produce your original Weather Matters with Karl Lijnders receipt at the time you return the Product; and

3. the Product is in resalable condition including that:

   1. it is in its original packaging, including instruction manuals and all accessories; and

   2. it is unworn, unopened, unused and in its original condition.

If these requirements are not satisfied Weather Matters with Karl Lijnders reserves the right not to offer an exchange voucher or refund for change of mind returns.

1. Not Fit for Purpose

   1. Weather Matters with Karl Lijnders will accept Product returns and provide you with an exchange voucher, refund or repair where:

      1. the Product is faulty or is not of acceptable quality, or

      2. the Product is not fit for its intended purpose, or

      3. the Product does not match the sample or our description; or

      4. you can present your Weather Matters with Karl Lijnders online receipt or other adequate proof of purchase.

   2. Weather Matters with Karl Lijnders may elect to return the Product to the manufacturer’s repair agent to determine the nature of the problem. Weather Matters with Karl Lijnders the right not to offer an exchange voucher, refund or repair where the item fault is a result of misuse or neglect.

   3. Products presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair goods.

   4. Claims for compensation or reasonable expenses incurred in returning your purchase should be addressed to our Customer Service team at the address below and need to be accompanied with supporting evidence.

1. Privacy

1. Authority

You warrant that you have the authority to obtain, collect, and submit any personal information delivered to us in connection with the use of the Subscription or the purchase of a Subscription, Custom Weather Report or Products from us.

1. Use of Personal Information

We may collect, use and disclose your personal information to perform our functions and for the purposes of improving the services we provide, in circumstances related to the public interest, for the purposes of law enforcement and public or individual safety. Disclosure of information collected may be to third parties, including the host of the platform of the Platform.

1. Hosted on Cloud

Any personal information obtained, collected or submitted by us through the use of the Subscription or the purchase of a Subscription, Custom Weather Report or Products from us will be hosted on the cloud. The servers for this cloud-based platform may be hosted in or outside of Australia.

1. Consent to Privacy Policy

By using the Platform and/or by agreeing to these Terms, you consent to your personal information being collected, used and disclosed in accordance with these Terms and the Weather Matters with Karl Lijnders Privacy Policy.

1. Termination

1. Termination of access to the Subscription

We reserve all of our rights, including the right to:

1. terminate your access to the Platform, your Subscription and available Weather Reports and Custom Weather Reports;

2. terminate your access to your customer account;

3. cease providing you with your Subscription;

4. withhold a Weather Report; and

5. block future access to the Platform, and your customer account,

if you violate any of these Terms or for convenience.

1. Consequences of Termination

Upon termination of your agreement with us for whatever reason, we may delete all information stored in your customer account of the Platform without further notice to you.

1. Reservation of Rights

   1. We reserve all of our rights to recover any loss or damage incurred as a result of your breach of these Terms.

   2. We reserve the right to withdraw (at any time prior to the purchase of a Subscription) any Subscription or Product advertised for sale on the Platform.

   3. Weather Matters with Karl Lijnders reserves the right to withdraw all or part of your Subscription at any time.

   4. Weather Matters with Karl Lijnders reserves the right to cancel, interrupt, reschedule or modify any current Weather Report.  

1. Indemnity & WARRANTY

1. Indemnity

   1. You agree to indemnify and hold us harmless for any claims for loss or damage (including death, personal injury or property loss or damage) suffered by any person arising out of your breach of these Terms, including but not limited to:

      1. your failure to obtain proper authority to obtain, collect or submit any personal information to us;

      2. your failure to follow any instructions given;

      3. your misuse of a Weather Report;

      4. your failure to provide us with true and accurate information; and

      5. your violating any of our intellectual property rights, including by granting any third party access to your customer account, Subscription or Weather Reports.

   2. You agree to indemnify and hold us harmless for any claims for loss or damage suffered (including death, personal injury, property loss or damage, loss of profit or economic damage) by any person arising out of:

      1. a person’s reliance upon the material contained in the Weather Reports or any other information incorporated by reference;

      2. a person’s reliance upon the material contained in a Custom Weather Report or any other information incorporated by reference;

      3. any loss or corruption of data, virus, hacking, Trojanware or scam that occurs as a result of or in connection with the use of or access to the Platform;

      4. a person’s use of, access to or inability to use or access the Platform, or any internet website linked to the Platform;

      5. the purchase of any Weather Report, Custom Weather Report or Product from us; or

      6. a person’s use or misuse of any Weather Report, Custom Weather Report and/or Product purchased from us.

2. Warranty

You acknowledge and warrant that the Bureau of Meteorology is the statutory authority to issue official weather warnings and forecasts and in the event of an emergency or severe weather, you will seek all guidance from the Bureau of Meteorology.

​

1. OUR LIABILITY TO YOU

1. Exclusion

In no event will Weather Matters with Karl Lijnders be liable (including liability for negligence) for any loss or damage (including death, personal injury or property loss or damage) whatsoever arising out of:

1. a person’s reliance upon the material contained in the Weather Reports or any other information incorporated by reference;

2. a person’s reliance upon the material contained in a Custom Weather Report or any other information incorporated by reference;

3. any loss or corruption of data, virus, hacking, Trojanware or scam that occurs as a result of or in connection with the use of or access to the Platform;

4. a person’s use of, access to or inability to use or access the Platform, or any internet website linked to the Platform;

5. the purchase of any Weather Report, Custom Weather Report or Product from us; or

6. a person’s use or misuse of any Weather Report, Custom Weather Report  and/or Product purchased from us.

7. No economic loss

We will not be liable under any circumstances to you, or any third party, for any indirect or consequential loss of profit or other economic loss suffered by you (or a third party) howsoever caused, whether as a result of any negligence, breach of contract, misrepresentation, loss or corruption of data, or otherwise.

1. General

1. Entire Agreement

These Terms:

1. are the entire agreement of the parties concerning everything connected with the subject matter of these Terms; and

2. supersedes any prior representations, statements, promises or understanding on anything connected with that subject matter.

3. No waiver

   1. Any delay or failure to enforce any term of these Terms will not be deemed to be a waiver.

   2. There is no implied waiver by either party in respect of any term of these Terms and any waiver granted by either party shall be without prejudice to any other rights.

   3. Any waiver must be in writing and does not cover subsequent breaches of the same or a different kind.

   4. A waiver by a party of its rights under these Terms is only effective in relation to the particular obligation or breach in respect of which it is given.

4. No Assignment

   1. You must not assign any of your rights under these Terms to any person without our written consent. Any such consent may be given or withheld in our absolute discretion.

   2. We may assign any of its rights under these Terms to any person by written notice to you.

5. Severability

If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.

1. Governing law

You agree that all matters relating to the use of the Subscription and purchase of any Online Services, including all disputes, are governed by the law of the Australian Capital Territory and the Commonwealth of Australia, and you unconditionally submit to the non-exclusive jurisdiction of their courts.

1. Contact Us

If you have any questions regarding the Terms or your Online Course(s), please contact us at: karllijnders@weathermatters.org.