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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 "bot", 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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