Terms and Conditions

Summary

Early Warning Network Pty Ltd (ABN 55122940176), trading as the Early Warning Network (EWN), is a service intended to provide early warning of severe weather events. It uses publicly available information to provide subscribers with alerts relevant to a chosen location. Whilst we endeavour to provide a service of the highest possible quality, no such system can claim to be failsafe. For that reason if you subscribe to this alert service you expressly agree that none of Early Warning Network Pty Ltd (ABN 55122940176), trading as the Early Warning Network (EWN), (the provider of the service), or its related bodies corporate, including Aeeris Limited, or a Local Government Organisation providing this service (Local Government Subscriber), will be responsible to you for any loss or damage suffered by you in connection with the service. This includes, but is not limited to, any loss or damage arising from the failure to warn you of a severe weather event and provision of an alert that warns of a weather event that fails to materialise. It does not guarantee or provide warranty to users of its services as to the delivery, accuracy or timing of its warnings. EWN will not be liable for any direct or indirect loss or damage, however caused (including by negligence), arising out of your use of or unavailability of the service, its contents, or any linked websites.

We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on www.ewn.com.au . Your subsequent or continued use of EWN services will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of any EWN services.

While we use reasonable endeavours to ensure that the EWN service is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the EWN service may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control. Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any of our website(s), feature(s) or service(s) (or part thereof) on the EWN service at any time. Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on the EWN service at any time without providing notice to you.

Membership

To access or use certain parts of the EWN service, you must register as a member of the EWN service and/or a particular websites, iPhone, Android and mobile applications that form part of the EWN service network.

When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information.

You must not register as a member multiple times. You must not impersonate or create a membership for any person other than yourself. We may at any time request a form of identification to verify your identity. You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.

We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the EWN service network, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.

Your conduct

You must not:

(a) use the EWN service in breach of any applicable laws or regulations;

(b) use the EWN service (or Material obtained from the EWN service):

* to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";

* to impersonate any person or entity;

* to solicit money, passwords or personal information from any person;

* to harm, abuse, harass, stalk, threaten or otherwise offend others; or

* for any unlawful purpose;

(c) use the EWN service network to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

* is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;

* contains, promotes, or provides information about unlawful activities or conduct;

* is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

* exploits another person in any manner;

* contains nudity, excessive violence, or sexual acts or references;

* includes an image or personal information of another person or persons unless you have their consent;

* poses or creates a privacy or security risk to any person;

* you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

* contains large amounts of untargeted, unwanted or repetitive content;

* contains restricted or password only access pages, or hidden content;

* contains viruses, or other computer codes, files or programs designed to interrupt, capture information, limit or destroy the functionality of other computer software or hardware;

* advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or

* contains financial, legal, medical or other professional advice;

(d) interfere with, disrupt, or create an undue burden on the EWN service;

(e) in any way reproduce, modify or circumvent the navigational structure, security or presentation of the EWN service;

(f) use the EWN service with the assistance of any automated scripting tool or software;

(g) frame or mirror any part of the EWN service without our prior written authorisation;

(h) use code or other devices containing any reference to the EWN service to direct other persons to any other web page;

(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the EWN service or cause any other person to do so; or

(j) delete any attributions or legal or proprietary notices on the EWN service.

Your Material

By uploading, transmitting, posting or otherwise making available any Material via the EWN service, you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;

(b) except where expressly stated otherwise, also grant each user of the EWN service a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;

(c) warrant that you have the right to grant the abovementioned licences;

(d) warrant that the Material does not breach the Conditions; and

(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

(f) acknowledge a Local Government Subscriber will have access to any of your Material (including your Personal Information) in order to provide Council initiated alert messages to residents of its Local Government Area.

We reserve the right (but have no obligation) to:

* review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and

* monitor use of the EWN service, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.

Notifying us

If you think that the EWN service has been accessed or used by another user in breach of the Conditions, please email us at support@ewn.com.au We'll consider whether there are grounds for taking any action, but you won't necessarily be contacted as to our decision.

In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to support@ewn.com.au

Intellectual Property

Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the EWN service.

Third party websites, advertising and activities

We may feature or display links and pointers to websites operated by third parties on the EWN service. Such websites do not form part of EWN service and are not under our control. We do not accept any responsibility in connection with any such website. If you follow a link to any such websites, you leave the EWN service entirely at your own risk.

The EWN service may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on the EWN service, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party.

Disclaimer

You use the EWN service at your sole risk.

Except where expressly stated otherwise, Material on the EWN service is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

We (and any Local Government Subscriber) do not make any representation or warranty that any Material on the EWN service will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

We (and any Local Government Subscriber) will not be liable for loss resulting from any action or decision by you in reliance on the Material on the EWN service, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users? use of, access to or conduct in connection with the EWN service in any circumstance.

Early Warning Network content, including the information, names, images, pictures, logos and icons regarding or relating to Early Warning Network its products and services (or to third party products and services), is provided 'AS IS' and on an 'IS AVAILABLE' basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Under no circumstances will Early Warning Network and/or Aeeris Limited be 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 Early Warning Network regardless of the form of action.

Aeeris and/or Early Warning Network do not warrant that functions contained in Early Warning Network content will be uninterrupted or error free, that defects will be corrected, or that Early Warning Network or the server that makes it available are free of viruses or bugs.

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.] To the extent that any implied condition, warranty, term or remedy cannot lawfully be excluded from these terms and conditions ('Non-excludable Condition'), it is included in them. Subject to that, we: 1. 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 this website, its contents, or any linked websites,

You use the EWN service at your sole risk.

To the extent permitted by law, we exclude all conditions and warranties relating to your use of the EWN service that are not expressly set out in the Conditions.

To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:

(a) in the case of services supplied or offered by us:

* (i) the re-supply of those services after full payment has cleared; or

* (ii) the continuation of those services after full payment has cleared

(b) in the case of goods supplied or offered by us:

* (i) the replacement of the goods or the supply of equivalent goods by us;

* (ii) the repair of the goods by an authorised party determined by us;

In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the EWN service, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the EWN service.

Indemnity

You agree to fully indemnify and hold us (and any Local Government Subscriber) harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to, Materials supplied by you or conduct in connection with the EWN service, including any breach by you of the Conditions.

Severability

If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver

No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Applicable law

These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.

Definitions

In these terms and conditions:

"Conditions" means these terms and conditions, together with the EWN service Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the EWN service.

" EWN service" means the Early Warning Network Pty Ltd T/A the Early Warning Network business and all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device) . For a list of the websites that currently form part of the EWN service, visit www.ewn.com.au.

"Local Government Subscriber" means any Local Government Organisation in Australia (howsoever named) that provides the EWN service to residents of its Local Government Area, on a commercial basis or otherwise.

"Material" means text, databases, spreadsheets, presentations, illustrations, photos, audio, video, any combination of these or other material.

"Personal Information" has the meaning given in the Privacy Act 1988 (Cth) and the Information Privacy Act 2009 (QLD).

"Us", "me", "I", "we" or "our" means Early Warning Network Pty Ltd (ABN 55122940176) and/or its related businesses and entities.

"You", "Customer", "client" refers to you.

Google Maps

The Google Maps service is made available to you under licence from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you also agree to be bound by the Google Maps terms and conditions available at the following url: http://www.google.com/intl/en_us/help/terms_maps.html.

 

EWN - The Early Warning Network

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