WQRadar
Terms and Conditions

WQRADAR TERMS AND CONDITIONS

Please read these terms and conditions (the ‘Terms’) carefully.
These Terms govern the way in which Weatherquest Limited (CRN: 04102746) of Enterprise Centre, University of East Anglia, Earlham Road, Norwich, Norfolk, NR4 7TJ ("We”) licence you to use the WQRadar programme (the ‘Software’) (including under any promotional or free trial which may be offered by us) to you. We license use of the Software to you on the basis of these Terms. We do not sell the Software to you. We remain the owners of the Software.

  1. For the avoidance of doubt, in circumstances where you may be using the Software via any form of promotional or free trial granted by us, you shall remain at all times bound by these Terms.

By signing up to use the Software you agree to these Terms, which will bind you. If you do not agree to these Terms you should not subscribe to use the Software.
OPERATING SYSTEM REQUIREMENTS: You can use the Software on a computer, tablet or mobile phone. The Software requires a standard web browser (such as Firefox, Internet Explorer/Microsoft Edge, Google Chrome, Safari or similar) together with a working internet connection.  You should ensure that your browser is updated to the latest version available on the device being used to access to Software.

  1. Acknowledgements
    1. These Terms apply to the Software including any updates or supplements to the Software, unless they are subject to separate terms, in which case those terms will apply.
    2. We may change the Terms at any time by notifying you of a change when you next access the Software. The new terms may be displayed on-screen and you may be required to read and accept them before you are able to continue your use of the Software.
    3. We only use any personal data we collect through your use of the Software in the ways set out in our privacy policy, available at ("Privacy Policy"). The terms of the Privacy Policy from time to time are incorporated into these Terms by reference.
    4. By using the Software, you consent to us collecting and using technical information about how you use the Software and the devices you use in which to access the Software in order to improve our products and to provide our services to you.
    5. The Software may contain links to other independent third-party websites ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
  2. Grant and scope of licence
    1. In consideration of you agreeing to abide by these Terms, we grant you a non-exclusive licence to use the Software in accordance with and subject to these Terms and the Privacy Policy, which is incorporated into these Terms by reference. We reserve all other rights.
    2. You acknowledge and agree that we may at any time update or amend aspects of the functionality of the Software at our sole discretion upon providing you with reasonable notice of our intention to do so.
    3. You may access the Software on an unlimited number of devices for your personal use as a consumer. If you intend to use the Software for commercial purposes, you should contact us on info@weatherquest.co.uk or 01603 507 605 to discuss your requirements as to confirm the cost as the pricing structure will differ to that specified on our website.
  3. How to use the Software
    1. The Software provides users with real-time observed radar meteorological data from the UK Met Office’s radar network around the UK which is observed, analysed and updated every 5 minutes.
    2. You acknowledge that the Software is not a forecast service but a real-time observed record of weather conditions as recorded by the UK Met Office’s radar network around the UK.
  4. Licence restrictions
    1. Except as expressly set out in these Terms or as permitted by any local law, you agree:
      1. not to copy the Software (or any part thereof);
      2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software in any form, in whole or in part;
      3. not to make alterations to, or modifications of, the whole or any part of the Software, or permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
      4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
        1. is used only for the purpose of achieving inter-operability of the Software with another software program;
        2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
        3. is not used to create any software that is substantially similar to the Software; and
      5. not to provide or otherwise make available the Software in whole or in part, in any form to any person without prior written consent from us;

together "Licence Restrictions".

  1. Acceptable use restrictions
    1. You must:
      1. not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into the Software or inserting or introducing malicious code, such as viruses or harmful data into the Software;
      2. not infringe our intellectual property rights or those of any third party in relation to your use of the Software, including by the submission or uploading of any content (to the extent that such use is not licenced under these Terms);
      3. not share or disclose your login account details to any third party and you must use your best endeavours to keep this information secure and confidential at all times;
      4. not use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      5. not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running the Software;

together "Acceptable Use Restrictions".

  1. Access to the Software
    1. We shall use commercially reasonable endeavours to make the Software available 24 hours a day, seven days a week, except for in the event of:
      1. planned maintenance, performed during maintenance windows outside of our normal business hours and notified to you in advance; and
      2. unscheduled maintenance, performed by us during normal business hours if we deem such maintenance to be reasonably necessary, provided that we have used reasonable endeavours to give you at least 4 normal business hours' notice in advance of the unavailability of the Software.
    2. You acknowledge that the Software relies on a data feed from the UK Met Office’s radar network which is not controlled or operated by us. There may be circumstances where this data feed is lost, broken or interrupted (for reasons beyond our control) which results in the operation of the Software being hindered and your accessibility to the most up to date data being lost.  
  2. Intellectual property rights
    1. You acknowledge that all intellectual property rights in the Software belong to us and the rights in the Software are licensed (not sold) to you. You have no rights in, or to, the Software other than the right to use it in accordance with these Terms.
    2. You acknowledge that you have no right to have access to the Software or any part of it in source-code form.
  3. User Material
    1. Our website on which the Software is hosted may provide you with the ability to update content and material such as photos and message posts (“User Material”).
    2. You hereby grant to us an irrevocable non-exclusive licence to use, publish, duplicate and/or display User Material that is posted or uploaded by you for our own promotional purposes including specifically the ability for us to use photographic images generated by you to promote the Software.
    3. You must not upload or post User Material that:
      1. is in any way inappropriate, illegal, pornographic or defamatory;
      2. would bring us into disrepute or would be harmful to our reputation and/or business interests;
      3. infringes our intellectual property rights;
      4. infringes the intellectual property rights of others, including by falsely representing that you are the author of such content.
    4. If, at our sole discretion, we deem User Material content to be inappropriate or to breach any provision of these Terms, we reserve the right to immediately remove the content from the Software and may temporarily suspend or terminate your account and access to the Software.
  4. Fees, Renewal and Payment
    1. You are required to pay to us the initial licence fee payment (relevant to the subscription option selected) at the point which you commence your subscription, or if a free trial is offered, at the end of the expiry of the trial period. All subsequent payments will be made on a monthly or yearly basis on the date of the month or year on which the initial payment was made dependent on the applicable subscription option.
    2. The subscription will automatically renew on a rolling monthly or yearly basis (dependent on the applicable subscription option) unless and until terminated earlier in accordance with these Terms.
    3. If we have not received payment within 30 days after the due date, and without prejudice to any other rights and remedies available to us:
      1. we may, without liability to you, disable your account and your access to the Software for the period during which the invoice(s) concerned remains unpaid; and
      2. you will be liable for the payment of interest, which shall accrue on a daily basis on such due amounts at an annual rate equal to 8% over the then current base lending rate of the Bank of England from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
    4. We are entitled to increase the subscription fees at our sole discretion. Any increase will take effect from the beginning of a new renewal period and upon giving to you at least 60 days’ prior notice.
    5. All sums payable under these Terms are exclusive of VAT or any relevant local sales taxes, for which you shall be responsible.
  5. Cancellation
    1. You have a 14 day period from the date of commencing your initial subscription to change your mind and cancel the contract between us and obtain a refund.
    2. To exercise your right to cancel, you must inform us of your decision to cancel by a clear statement in an email.
    3. As you will have access to the Software immediately upon subscription, we reserve the right to deduct, from any refund due to you upon cancellation, a proportionate amount to reflect the number of days you have had access to the Software.
  6. Support
    1. We provide technical support for users through a telephone helpline and email support during the normal business hours of 9:00am to 5:00pm local UK time during Monday to Friday except public holidays in England. Our technical support team can be contacted on support@weatherquest.co.uk or 01603 507 605.
    2. We shall use our reasonable endeavours to release any patches or bug fixes for the Software. Any repairs that we undertake are at our sole discretion and may be dependent upon you making available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.
    3. We make no warranty that the operation of the Software will be uninterrupted or that the Software will be error free or as to the results that may be obtained from use of the Software.
  7. Limitation of liability
    1. You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements. We do not warrant that the use of the Software will be uninterrupted or error-free.
    2. We only supply the Software for your personal use. You agree not to use the Software for any resale purposes.
    3. We shall not in any circumstances have any liability for any losses or damages which may be suffered by you, whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever.
    4. Our maximum aggregate liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the equivalent of one month’s licence fee paid by you. This does not apply to the types of loss set out in clause 12.6.
    5. You agree that in entering into this licence, you did not rely on any representations (whether written or oral) of any kind or of any person other than those expressly set out in these Terms or (if you did rely on any representations, whether written or oral, not expressly set out in these Terms) that you shall have no remedy in respect of such representations and (in either case) we shall have no liability in any circumstances otherwise than in accordance with the express terms of these Terms
    6. The exclusions in clause 12.3 shall apply to the fullest extent permissible at law, but nothing in this licence shall limit or exclude our liability for:
      1. death or personal injury resulting from our negligence;
      2. fraud or fraudulent misrepresentation; and
      3. any other liability that cannot be excluded or limited by English law.
    7. Pursuant to clause 5.1.3 above, you acknowledge and agree that you remain responsible for all consequences arising from the use or misuse of your account login details. In particular, you acknowledge and agree that instructions and actions transmitted via the Software will be deemed to have originated from you if your username and password has been utilised. If you know or suspect that someone else knows your username and password you agree to notify us immediately.
  8. Termination and Suspension
    1. We may terminate the contract between us which is governed by these Terms immediately by written notice to you:
      1. if you commit a material breach of these Terms;
      2. if you commit a persistent breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
      3. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
    2. On termination for any reason:
      1. all rights granted to you under these Terms shall cease;
      2. you must immediately cease all activities authorised by these Terms; and
      3. cease and refrain from any use of the Software.
    3. We may suspend your access to the Software at any time and without notice to you in circumstances where you are in default of payment of any licence fee owed to us or where we need to carry out an investigation where we believe that you may have breached these Terms.
    4. We will not provide any refund upon termination for any remaining prepaid period of a subscription.
  9. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including in circumstances where there has been a failure of public telecommunications networks ("Event Outside Our Control").
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
      1. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the reasonable duration of the Event Outside Our Control; and
      2. we will use our reasonable endeavours to find a solution by which our obligations under this licence may be performed despite the Event Outside Our Control.
  10. Other general terms
    1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
    2. You cannot transfer your rights or obligations under these Terms to another person without our prior consent. We agree to not unreasonably withhold our consent.
    3. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    4. Each of the conditions of these Terms operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    5. Please note that these Terms, their subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.