Disclaimer
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By accessing this website you agree to be bound by the following Disclaimer: While
all reasonable care has been taken to ensure the accuracy of the information provided
on this site, neither Speedwell Weather Derivatives (trading as "weatherXchange"
and "Speedwell Weather"),
nor its officers or its employees make any representation or warranty as to the
accuracy or completeness of such information. No liability is accepted for any loss whether direct or indirect, incidental or consequential arising out of any of the
information except that which may not be excluded at law.
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Terms and Conditions
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In using this Speedwell Weather Derivatives 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 DATA ".)
1.THE SAMPLE DATA
Speedwell Weather Derivatives Limited (SWD) 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 SWD 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 SWD . 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 not? nor give any third party
access to your account.
2. WARRANTIES
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 SWD . EXCEPT
AS EXPRESSLY SET FORTH IN THE ,THESE CONDITIONS ALL PRODUCTS, SERVICES AND OTHER
MATERIALS (IF ANY) ARE FURNISHED BY SWD AND ACCEPTED BY YOU "AS IS". ALL OTHER WARRANTIES
WHETHER STATUTORY EXPRESS OR IMPLIED ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY
SWD 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 SWD 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. LIABILITY
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 negligence.
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 arising.
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.
3.5 Indemnity:
You will keep SWD 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
4.1 Ownership
Any and all proprietary rights in the Sample Data are owned by SWD 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 with
SWD.
4.3 Enforcement of rights You will give SWD 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.
Cookies: We use cookies to allow us to personalise our service to you.
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 subscribed to.
Your browser must be set to receive cookies in order to use our site.
Your consent/information
By using this website, you consent to the collection and use of this information
by Speedwell Weather. If we decide to change this Privacy
Policy, we will post those changes on this page so 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.
7. GENERAL
7.1 Waiver
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 website.
7.3 Assignment
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) Act 1999.
7.5 Law
These Conditions shall be construed and enforced in accordance with the
laws of England and Wales.
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