07.10.2011. Added § 9.07.
Conditions of use
7. SUBSCRIPTION PERIOD.
9. REFERRALS & LINKS.
10. CUSTOMER RESPONSIBILITIES.
11. METEOBLUE RESPONSIBILITIES.
14. INFORMATION EXCHANGE.
16. ENTIRE AGREEMENT.
17. GOVERNING LAW.
1.01. METEOBLUE is a company incorporated in Basel, Switzerland, providing high accuracy weather and environmental monitoring services.
1.02. SERVICES: You can benefit from METEOBLUE services, products and data through our website, messages, and by contacting us.
1.03. TERMS: By using our services, products and data you enter an AGREEMENT with METEOBLUE as a CUSTOMER and accept the SERVICE TERMS as stated below. See the topic below for more detail.
1.04. VALIDITY: METEOBLUE has the right to amend, change or revoke the SERVICE TERMS, unless otherwise agreed with the CUSTOMER. Changes will be announced on the SERVICE WEBSITE. Differing terms must be agreed in writing.
1.05. NON-COMMERCIAL UTILISATION: you are free to use any METEOBLUE SERVICE for NON-COMMERCIAL UTILISATION without intention of generating income or profits, subject to the conditions below. NON-COMMERCIAL UTILISATION includes private, research, welfare and disaster relief purposes.
1.06. COMMERCIAL UTILISATION: METEOBLUE provides specific SERVICES for CUSTOMERS who use SERVICES to generate revenue. METEOBLUE offers specific contractual terms for these needs. Terms differing from the general terms must be agreed in writing.
1.07. RESPONSIBILITIES: METEOBLUE and CUSTOMER are responsible for ensuring the services are used according to local legislation and according to the SERVICE TERMS.
1.08. WARRANTIES: METEOBLUE offers this SERVICE as is, without further warranties, express or implied, unless otherwise specified in separate AGREEMENT between CUSTOMER and METEOBLUE and takes no liability whatsoever for any claims resulting from the provision of the services, other then those specifically agreed in a separate contractual arrangement.
1.09. LIABILITY: METEOBLUE takes no liability whatsoever for any claims resulting from the provision of the services, other than those specifically agreed in a separate contractual arrangement.
1.10. SUMMARY: this constitutes a short summary of the METEOBLUE SERVICE TERMS. For further details, consult sections 2 to 17.
2.01. METEOBLUE means meteoblue AG, and any subsidiary or affiliated business entity which is controlled by or is under simple majority control of meteoblue AG, Basel, Switzerland.
2.02. DATA is a set of electronically stored information, formatted as, but not limited to, data tables, graphics, pictures, movies, SMS messages, XML data feeds and other reproduceable formats.
2.03. PRODUCT is a defined data output produced by METEOBLUE, in the form of, but not limited to data in electronic form transmitted through internet web sites, FTP sites, WAP, SMS or other related technologies.
2.04. SERVICE is the supply of a PRODUCT to a CLIENT under agreed SERVICE TERMS.
2.05. SERVICE TERMS is the set of terms and conditions agreed between the CUSTOMER and METEOBLUE for the UTILISATION of METEOBLUE SERVICE.
2.06. AGREEMENT is the acceptance by the customer of the SERVICE TERMS, supplemented where appropriate by more detail definitions of deliverables, specifications, licenses and other terms. Acceptance of service terms can be received electronically, by email, SMS or in written. SERVICE TERMS different from the general Terms and conditions require written confirmation by METEOBLUE.
2.07. LICENSE is the definition of the CUSTOMER’s rights to use the SERVICES, PRODUCTS, DATA and trademarks of METEOBLUE.
2.08. CUSTOMER is the legal entity or person responsible for acceptance and adherence to SERVICE TERMS.
2.09. USER is the person or system accessing the SERVICE, on behalf of CUSTOMER and from whom PERSONAL DATA may be collected. For automated services, the USER is defined as the person in charge of the automated access device.
2.10. PERSONAL DATA means information relating to an identified or identifiable natural or legal person, for example, the name, age, e-mail address or mailing address of the individual, or also demographic data (post code, gender, interests, etc.) and other information associated to a natural or legal person.
2.11. WEBSITE refers to any electronic data transmitting device which can be accessed or viewed by USER.
2.12. SERVICE SITE refers to any Website operated by or on behalf of METEOBLUE. A site can be accessible at www.meteoblue.com and other www.meteoblue domains, or at data transfer sites indicated to customers by METEOBLUE, or accessible through CUSTOMER networks, through which METEOBLUE DATA is displayed.
2.13. USE is defined as USER accessing a website, data feed or any other information source produced by directly or indirectly using a METEOBLUE SERVICE.
2.14. UTILISATION is the USE of a METEOBLUE SERVICE for a particular purpose (see Section 6.)
2.15. SUBSCRIPTION PERIOD is the time during which a CUSTOMER has agreed to USE of a METEOBLUE SERVICE and ends with any CHANGES made by METEOBLUE unless otherwise agreed.
2.16. ACCESS LEVELS defines the type of qualification required for a USER to access a METEOBLUE SERVICE.
2.17. METEOBLUE DATA are any DATA generated by METEOBLUE.
2.18. METEOBLUE PRODUCT is any PRODUCT provided by METEOBLUE.
2.19. METEOBLUE SERVICE is any SERVICE provided by METEOBLUE.
2.20. POINT OF RETRIEVAL is the point of transfer of DATA, PRODUCT and SERVICE where responsibility shifts from METEOBLUE to CUSTOMER. It is usually the SERVICE SITE unless otherwise agreed.
2.21. ACCEPTANCE is the individual confirmation by CUSTOMER of a proposed SERVICE TERMS.
2.22. DELIVERY is the provision of the SERVICE as per AGREEMENT.
2.23. POINT OF CONTACT is an address or equivalent specified by METEOBLUE where information is deemed to be received.
2.24. PARTY is one of the participants to the AGREEMENT, either METEOBLUE or the CUSTOMER.
2.25. DOWNLOAD is the transfer of DATA from a SERVICE SITE, and can be counted. Each transfer of DATA performed from a SERVICE SITE is counted as 1 (one) DOWNLOAD.
3.01. SPECIFICATION: is the set of definitions which describe the PRODUCTS, DATA and Trademarks provided within a SERVICE, and laid out on a METEOBLUE SERVICE SITE, in a specification document, or another appropriate type of record.
3.02. CATEGORY: a SERVICE is provided in different forms, with defined SERVICE TERMS for each category, with defined specifications, licences and deliverables.
3.03. SUBSCRIPTION is the agreement of the CUSTOMER to use the SERVICE under the SERVICE TERMS.
3.04. SPECIFIC SERVICE TERMS will be stated on the specific SERVICE SITE.
3.05. SUPPORT: each SERVICE has a defined level of assistance provided, according to the SERVICE TERMS, unless unspecified.
3.06. COMPENSATION: a COMMERCIAL SERVICE provided on behalf of specific CUSTOMER is subject to compensation agreed in the SERVICE TERMS as specified under PAYMENT.
3.07. SERVICE USE requires prior AGREEMENT to the SERVICE TERMS by the CUSTOMER.
3.08. CHANGES: METEOBLUE has the right to amend, change or revoke the SERVICE TERMS at any time, unless otherwise agreed with CUSTOMER.
4.01. OPEN ACCESS is granted for METEOBLUE SERVICE SITE publicly available to CUSTOMERS without any prior qualification and payment.
4.02. REGISTRATION ACCESS defines METEOBLUE SERVICE SITE publicly available to CUSTOMERS after registering for the use by providing required information, such as PERSONAL DATA, without being subject to payment. Information provided is handled according to our Privacy statement.
4.03. SELECTION ACCESS implies that USERS have to pass through a selection process to gain access to METEOBLUE SERVICE SITE.
4.04. TARIFF ACCESS is granted for METEOBLUE SERVICE SITE available to CUSTOMERS with prior qualification and for a defined COMPENSATION.
4.05. QUALIFIED ACCESS is granted to a WEBSITE made using a METEOBLUE SERVICE and managed by CUSTOMER after an agreed qualification process.
4.06. NETWORK ACCESS is granted only to CUSTOMERS of a specific system of and with access permissions defined by a CUSTOMER. Access is subject to specified terms and conditions, agreed between METEOBLUE&CUSTOMER, and enforced by CUSTOMER.
5.01. LICENSE: All SERVICES, PRODUCTS, DATA and Trademarks provided by METEOBLUE and accessed by CUSTOMERS & USERS under a LICENSE.
5.02. LICENSE TERMS are provided on the SERVICE SITE or in a SERVICE TERMS document.
5.03. PROPERTY: all SERVICES, PRODUCTS, DATA and Trademarks provided remain the PROPERTY of METEOBLUE, unless otherwise agreed in written.
5.04. GENERAL LICENSE: METEOBLUE grants a personal, non-transferrable LICENSE to all OPEN and REGISTRATION ACCESS SERVICES for NON-COMMERCIAL UTILISATION and PRIVATE UTILISATION.
5.05. COMMERCIAL LICENSE is a specific set of SERVICE TERMS agreed between CUSTOMER and METEOBLUE. METEOBLUE offers specific contractual terms for business based on their needs. Terms differing from the general terms must be agreed in written.
5.06. VALIDITY: In the absence of specifc LICENSE TERMS, the GENERAL LICENSE TERMS of METEOBLUE in the actualized version contained on this TERMS page apply.
6.01. PUBLIC UTILISATION: Any use of METEOBLUE SERVICES with no access control by METEOBLUE. These include all METEOBLUE SERVICES with OPEN and REGISTRATION ACCESS.
6.02. NON-COMMERCIAL UTILISATION is any USE of METEOBLUE SERVICES for personal, research, disaster relief or welfare purposes, and without any purpose to generate a direct or indirect income.
6.03. PRIVATE UTILISATION is the USE of METEOBLUE SERVICES for the personal purpose only, without any commercial purpose.
6.04. COMMERCIAL UTILISATION is the USE of METEOBLUE SERVICES for the purpose of generating direct or indirect revenues from the services displayed.
6.05. ASSIGNMENT: For METEOBLUE OPEN ACCESS SERVICES provided to the public, USERS automatically become CUSTOMERS of METEOBLUE.
6.06. EVIDENCE: CUSTOMERS of METEOBLUE SERVICES are expected to provide suitable evidence of their qualification for such UTILISATION upon request of METEOBLUE, unless otherwise specified.
7.0. SUBSCRIPTION PERIOD.
7.01. DURATION is the time from SUBSCRIPTION START to END DATE.
7.02. SUBSCRIPTION START DATE is the date for which SUBSCRIPTION START has been agreed. For PUBLIC, NON-COMMERCIAL or PRIVATE UTILISATION, this starts with first date of USE.
7.03. SUBSCRIPTION END DATE is the date on which the right for USE of SERVICES ends.
7.04. STANDARD DURATION: A SUBSCRIPTION PERIOD starts with first USE and ends with CHANGES made to SERVICE TERMS. A new SUBSCRIPTION PERIOD starts with next USE, unless otherwise agreed.
7.05. TERMINATION: Termination notice can be provided by either PARTY under the specific TERMS of the AGREEMENT.
7.06. EARLY TERMINATION is possible with immediate effect if a NON-PERFORMING PARTY has failed to perform SERVICE RESTORATION within more than 30 days, unless otherwise agreed in written.
7.07. PERENNIAL CLAUSE: all METEOBLUE RESPONSIBILITIES regarding PRIVACY STATEMENT & CONFIDENTIALITY survive the TERMINATION of this AGREEMENT by at least 5 years.
7.08. COMMERCIAL SUBSCRIPTION PERIOD: Standard period for COMMERCIAL SUBSCRIPTION is 1 (one) year from SUBSCRIPTION START DATE.
8.01. LEVEL:METEOBLUE provides standard SUPPORT LEVEL to all METEOBLUE SERVICES. SUPPORT LEVELS are defined on www.meteoblue.com or in separate SERVICE TERMS.
8.02. RESPONSE is the reply to an inquiry received through a POINT OF CONTACT.
8.03. RESPONSE TIME is the time between reception of the inquiry at the POINT OF CONTACT and the RESPONSE.
8.04. COMPLAINT is the notification of one PARTY to the other that the RESPONSIBILITIES of the other PARTY are not being met.
8.05. RESTORATION occurs in response to a COMPLAINT and means putting the RESPONSIBILITIES back according to the SERVICE TERMS.
8.06. RESTORATION PERIOD is the time between COMPLAINT reception and RESTORATION. It is 5 business days for COMMERCIAL SERVICES, unless otherwise agreed agreed under SPECIFIC SERVICE TERMS.
9.0. REFERRALS & LINKS
9.01. REFERRALS means the display of METEOBLUE SERVICES on a CUSTOMER WEBSITE.
9.02. NON-COMMERCIAL REFERRALS: CUSTOMERS can reference any METEOBLUE OPEN & REGISTRATION ACCESS WEBSITE on their own NON-COMMERCIAL WEBSITE, provided that the CUSTOMER (1) displays the METEOBLUE logo on their WEBSITE, (2) set a direct, functioning link to the METEOBLUE WEBSITE (www.meteoblue.com or a suitable subdomain) on their WEBSITE, (3) inform METEOBLUE about the link (see section 9.06.), and (4) thereby accept these terms and conditions.
9.03. COMMERCIAL REFERRALS: METEOBLUE SERVICES can be referenced by a COMMERCIAL WEBSITE only with prior permission from METEOBLUE. Specific TERMS are provided on request.
9.04. GENERAL REFERRALS: METEOBLUE SERVICES other than NON-COMMERCIAL REFERRALS can be referenced by a WEBSITE only with prior permission from METEOBLUE.
9.05. CREDENTIALS: If METEOBLUE SERVICES are referenced on any WEBSITE a clearly visible reference to METEOBLUE has to be displayed close to the METEOBLUE DATA.
9.06. PERMISSION FOR REFERRALS: If METEOBLUE SERVICES are downloaded from a METEOBLUE SERVICE SITE, the CUSTOMER must inform METEOBLUE by message sent to a POINT OF CONTACT, containing information about the SERVICES, frequency of DOWNLOAD, the WEBSITE on which METEOBLUE DATA will be displayed and the type of UTILISATION. METEOBLUE will confirm reception of the message, if the information is sufficient for PERMISSION. The responsibility of confirming message reception lays with the CUSTOMER.
9.07. PROPER USE FOR REFERRALS: METEOBLUE SERVICES may only be displayed on websites with no illegal, rassist, discriminating or X-rated content (offensive to youths).
10.0. CUSTOMER RESPONSIBILITIES.
10.01. GRANT OF RIGHTS: CUSTOMERS of METEOBLUE SERVICES receive rights to use a high quality service, according to the LICENSE TERMS.
10.02. EVIDENCE: CUSTOMERS are expected to provide suitable evidence of their qualification for such UTILISATION upon request of METEOBLUE, unless otherwise specified.
10.03. REPRODUCTION: METEOBLUE DATA, PRODUCTS or SERVICES may not be stored, reproduced, printed or sent without prior consent of METEOBLUE, except for NON-COMMERCIAL UTILISATION.
10.04. RE-ENGINEERING: it is expressly not permitted to use METEOBLUE DATA, PRODUCTS or SERVICES to re-engineer, copy or derive service components.
10.05. CUSTOMER RIGHTS: CUSTOMERS acquires no rights to any part of the METEOBLUE SERVICES whatsoever, unless expressly granted.
10.06. REPRESENTATION: METEOBLUE CUSTOMERS are responsible for the adherence of their USERS to the LICENSE TERMS, and for the execution of their duties according to SERVICE TERMS.
11.0. METEOBLUE RESPONSIBILITIES.
11.01. METEOBLUE RESPONSIBILITIES: METEOBLUE is responsible for SERVICE DELIVERY according to SERVICE TERMS until the POINT OF RETRIEVAL as well as the adherence to the PRIVACY STATEMENT and all legal requirements.
11.02. PRIVACY STATEMENT : METEOBLUE treats PERSONAL DATA according to the PRIVACY STATEMENT in the current version on www.meteoblue.com, unless otherwise agreed in written.
11.03. CONFIDENTIALITY: METEOBLUE& CUSTOMERS agree to maintain confidential mutually exchange business data, which is not expressly foreseen for publication.
11.04. METEOBLUE LIMTATION OF RIGHTS: METEOBLUE acquires no rights to any part of the CUSTOMER & USER information whatsoever, unless expressly granted to METEOBLUE by CUSTOMER.
11.05. WARRANTIES: METEOBLUE provides the METEOBLUE DATA, PRODUCTS or SERVICES "as-is", with no warranties, express or implied. Specific arrangements require separate SERVICE TERMS and AGREEMENT.
11.06. DELAY: if PAYMENT is delayed beyond INVOICE DUE DATE, METEOBLUE has the right to stop SERVICE DELIVERY.
12.01. METEOBLUE utilises scientific and legal best practice to generate information and services. However, METEOBLUE assumes no liability for the accuracy and completeness of the information provided.
12.02. CLAIMS to METEOBLUE are limited to those expressly granted in the Service Term Sheet. METEOBLUE takes no responsibility whatsoever for any other claims resulting from the provision of the services, other than for acts of gross negligence.
12.03. NOTICE: To make a warranty claim, you must make written notice to meteoblue within less than 30 days of occurrence and prove the substantially defect in detail.
12.04. COMPLIANCE: To keep our services at high standard, we ask our customers and users to inform us of any case of non-compliance with local legal, scientific, ethical or technical standards. We appreciate your support!
13.01. PAYMENT: Payment will be required to access a METEOBLUE SERVICE provided to CUSTOMER as COMMERCIAL SERVICE.
13.02. QUOTE: is proposed to CUSTOMER prior to SERVICE AGREEMENT and contains PRICE, AMOUNT, CURRENCY, time of validity, TAX RATES and other relevant information for the respective METEOBLUE SERVICE.
13.03. ORDER: is the confirmation sent to METEOBLUE in written by CUSTOMER in response to the SERVICE TERMS and QUOTE, within time of validity stated in QUOTE.
13.04. INVOICE: is sent to CUSTOMER according to QUOTE ORDER and contains PRICE, AMOUNT, CURRENCY, DUE DATE, TAX RATES and payment deposit details METEOBLUE SERVICE.
13.05. INVOICE ACCEPTANCE: is reached when CUSTOMER does not raise objections in written within INVOICE DUE DATE based on non- DELIVERY of SERVICES.
13.06. PRICE: Payment amount due for a METEOBLUE SERVICE for the SUBSCRIPTION PERIOD and agreed through ORDER.
13.07. AMOUNT: amount of PAYMENT due for METEOBLUE SERVICE.
13.08. CURRENCY: currency in which the QUOTE is valid and PAYMENT is to be made.
13.09. DUE DATE: date on which PAYMENT is to be received on bank account specified by METEOBLUE. Standard DUE DATE is 30 days.
13.10. TAX RATES: are applicable rates for the specific METEOBLUE SERVICE in the respective country.
13.11. DELAY: if PAYMENT is delayed beyond INVOICE DUE DATE.
13.12. REMINDER: in case of PAYMENT DELAY, METEOBLUE will send 2 REMINDERS to CUSTOMER within 60 days. Extra charge is 1% and minimum 50 CHF per REMINDER.
13.13. CLAIMS: if PAYMENT is delayed after 2 REMINDERS to CUSTOMER, METEOBLUE has the right to initiate legal steps for PAYMENT recovery and charge for the costs.
13.14. RECEIPT is issued on demand for specific services.
14.0. INFORMATION EXCHANGE.
14.01. BASE CONTACT: First point of contact for any electronic information is “info(at) meteoblue.com”.com unless otherwise specified.
14.02. OFFICE ADDRESS: First point of contact for posted information is the address displayed on www.meteoblue.com in the section CONTACT.
14.03. INFORMATION EXCHANGE: for inquiries relating to a specific METEOBLUE SERVICE, information must be sent to the specified INFORMATION EXCHANGE.
14.04. INFORMATION RECEIPT: information will be deemed received when it reaches the agreed INFORMATION EXCHANGE.
14.05. RESPONSE : METEOBLUE will answer to the inquiry according to SERVICE TERMS agreed with CUSTOMER.
14.06. CUSTOMER CONTACT: For special support levels METEOBLUE will provide CUSTOMER with a special personal contact for INFORMATION EXCHANGE.
14.07. WRITTEN INFORMATION:Any paper, email, SMS or equivalent is deemed as written confirmation if received at POINT OF CONTACT and properly acknowledged by recipient PARTY.
15.01. NON-PERFORMANCE: If either PARTY does not fulfill their RESPONSIBILITIES under the SERVICE TERMS AGREEMENT.
15.02. NON-PERFORMING PARTY: the PARTY which does not fulfill their RESPONSIBILITIES under the SERVICE TERMS AGREEMENT.
15.03. AFFECTED PARTY: The PARTY that did not receive the SERVICES of the NON-PERFORMING in agreement with the TERMS and CONDITIONS OF SERVICE.
15.04. CLAIM: in case of NON-PERFORMANCE by a PARTY, the AFFECTED PARTY will inform the NON-PERFORMING PARTY with a description of the NON-PERFORMANCE, and the NON-PERFORMING PARTY will respond in agreement with the TERMS and CONDITIONS OF SERVICE to guarantee RESTORATION.
15.05. CESSATION. If the NON-PERFORMING PARTY does not achieve RESTORATION in agreement with the TERMS and CONDITIONS, the AFFECTED PARTY has the right to terminate the subscription.
15.06. PAYMENT WITH CESSATION. in case of CESSATION, the payment will be made until the last date in which the SERVICE DELIVERY was in agreement with the TERMS and CONDITIONS OF SERVICE.
16.0. ENTIRE AGREEMENT.
16.01. If any part of these terms and conditions become invalid, be it by changes in legislation or other means, all other terms remains in force.
16.02. If any of these terms and conditions is in conflict with local legislation, the closest interpretation of the term in question is valid.
17.0. GOVERNING LAW.
17.01. These terms and conditions are governed by the laws of Switzerland.
17.02. COSTUMER SUBMITS TO THE JURISDICTION OF THE SWISS COURTS. BASEL SHALL BE THE EXLUSIVE FORUM FOR ANY DISPUTE ARISING OUT OR RELATING TO THIS AGREEMENT. HOWEVER, METEOBLUE SHALL ALSO BE ENTITLED TO BRING SUIT AGAINST COSTUMER AT CUSTOMERS DOMICILE.
17.03. If disagreement over agreement items cannot be solved by negotiation, conflict will in first instance be mediated by the mediation court of Basel. Language will be English.
17.04. This Terms and Conditions were last revised on Tuesday, 04 Jan 2011.