Terms of Use

Last updated: May 7, 2019

The Terms of Use outlines the terms and conditions of access and use of this website and should be read in conjunction with the Privacy Policy and Copyright Notice

Acceptance of terms

Please read these Terms and Conditions ("Terms", "Terms and Conditions") in using the https://www.fernygroveweather.com website (the "Service") operated by Ferny Grove Weather ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these terms, conditions, notices and disclaimers on this page and elsewhere on this website. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Your access to the website constitutes your agreement to be bound by the Terms.

We do not accept any liability for any failure to comply with the Terms where the failure is due to circumstances beyond our reasonable control.

Terms of access

This website use 1st party cookies to monitor browsing usage. If you do allow cookies to be used, no personal information is provided to any third party.
You must agree to our Privacy Policy. By accessing our website you consent to the collection, storage, use and dissemination of personal information in accordance with this Privacy Policy.
By submitting your personal details to us in an email you are confirming that you are at least 18 years of age or with the consent of a parent or legal guardian.

Accessing this website

You may view this website using your web browser and save an electronic copy or part thereof, or print a copy, whilst preserving all terms, copyright, source attribution, trade mark and other proprietary notices.

You may only use the Site for lawful purposes. You may not use the Site:

in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent intent purpose or effect;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
to knowingly distribute any material that contains viruses, Trojan horses, worms and the like or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or communications network or hardware.

You must take your own precautions to ensure that the process which you employ to access this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your access.

Additionally you must not access or use the website or the Content in any manner or for any purpose which:

violates our rights in any way, or
is prohibited by the Terms.

Disclaimer and Limitation of Liability

As this website is in constant improvement it is subject to change without notice, of which you accept in using this website.
This is a non-commercially operated website and is not an official weather station. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information displayed through this website meet your specific requirements. Whilst we aim to provide accurate and quality controlled weather data, this information strictly cannot be used in any circumstance for the safety and protection of life and property.
This data doesn't meet WMO and BoM standards for siting meteorological instruments and is a non-standard installation using professional equipment within the constraints of a suburban environment.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. However all practical efforts have been made to ensure the accuracy of the provided information as much as possible.
We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this website. We do not guarantee or warrant this Website will be uninterrupted, without delay, error-free, omission-free or free of viruses. The content is provided "as is" without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.

Ownership of content

While content presented by Ferny Grove Weather on this website is covered by copyright one of main objective of Ferny Grove Weather is to provide free to re use reliable data as much of possible but equally important is to provide attribution of the source of this information
This website contains material which is owned by and licensed to us. This material includes, but is not limited to, the text, design, layout, look, appearance and graphics and is protected by copyright. Reproduction is permitted provided if conducted in accordance with the copyright laws and, which forms part of these terms and conditions.
When reusing any material on this website you must meet the following requirements:
- Ferny Grove Weather must be identified as the source of the material
- any logo, terms and/or copyright notices , or in connection with must be retained
- Ferny Grove Weather data must not be presented by any method that take the information out of context in terms of quality controlled reliable weather data for meteorological use
- Information should not be presented in way that gives the impression directly or indirectly that Ferny Grove Weather approves or endorses this usage
All information presented on this website unless otherwise attributed from an external source is licensed for reuse under Creative Commons Attribution-ShareAlike 4.0 International License. The only exception to this is the graphs which cannot be used for commercial purposes and is licensed for reuse under a Creative Commons Attribution-NonCommercial 4.0 International License. These graph use Highcharts graphing of which the license used is strictly for non-commercial usage.
Content not licensed under Creative Commons is covered by copyright, unless otherwise stated on this website or by the supplier of the content
This website incorporates on the About page a Google Map and that use of Google Maps features and content is subject to the current versions of the: Google Maps/Google Earth Additional Terms of Service and Google Privacy Policy.

Linking to the Site

You are allowed to have links directly to pages hosted on the Site as long as the link, when used by a user, displays that page full-screen in a fully navigable browser window and not within a frame on the linked website.

The appearance, position, and other aspects of the link must not create the false impression that an entity or its activities or products are associated with, approved or endorsed by or sponsored by Ferny Grove Weather. Also it must not damage the freely reusable reliable data principle associated with the name of Ferny Grove Weather. You may not link directly to or embed any files for any reason without prior approval from Ferny Grove Weather.

If you wish to link to pages on the Site, you are responsible for maintaining those links. Ferny Grove Weather reserves the right to remove or move pages on the Site at any time without notice.

Indemnity

You must indemnify us and our providers and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:

any breach by you of the Terms,
reliance by you on any information obtained through this website, or
your Access to this website.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Ferny Grove Weather.

Ferny Grove Weather has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Ferny Grove Weather shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Governing Law

Whilst this is non-commercial service we retain the right that these terms shall be governed and construed in accordance with the laws of Queensland, Australia.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Termination

We may terminate access to this website and the provision of the Services at any time without notice. The Terms will nevertheless survive any such termination.

Unsolicited Contact

You may contact us by email to enquire about the services or information contained on this website or for an alternate reason if we provide approval for such contact.
We do not accept unsolicited commericial contact.If you do so all records of such contact will be deleted and no response will be provided

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

Contact us if you have any questions or requests that are related to our terms, practices or material provided on this website.