Definitions

• "Agreement" means the Subsciption to the services provided by WindSMS. The agreement is between WindSMS and the subscriber for the provision of weather data via SMS and other Internet services.
• "Subscriber" refers to the legal entity applying for the Subscription.
• "Subscription" refers to the service account created for the Subscriber on WindSMS.

General

• By the use of the Subscription, the Subscriber accepts the Terms and Conditions set forth in this Agreement.
• The Agreement commences on the date on which the subscriber pays the subscription.
• This Agreement shall be interpreted and enforced according to the laws of Western Australia.
• This Agreement represents the entire agreement between the WindSMS and the Subscriber and supersedes all prior agreements or understandings, whether written or oral, regarding the Service.
• Where the terms of this Agreement are inconsistent with the provisions of the Fair Trading Act of Western Australia, those terms shall be excluded from this Agreement.
• All implied warranties, terms and conditions shall, except where otherwise provided by the statute, be excluded from the Agreement.
• If any part of this Agreement becomes unenforceable, that part shall be separated from this Agreement so that all other parts shall remain in effect.
• WindSMS may amend these Terms and Conditions at any time. It is the responsibility of the Customer to review the WindSMS's website periodically to ascertain whether these Terms and Conditions have changed. The amended Terms and Conditions will become effective as soon as they are posted on the WindSMS's Website, following which, if the Subscriber continues to use the service, the Subscriber is deemed to have agreed to be bound by those amendments.
• Neither party shall be responsible for delays or failures in performance resulting from acts beyond its control, failure of downstream and/or upstream services, acts of God, acts of war, epidemics, civil insurrection, riot, power outages, fire, earthquakes and other disasters.
• The customer acknowledges and warrants that he/she has relied on his/her own skill and judgment or that of his/her professional advisers on the suitability of the service and indemnifies WindSMS from and against any suit, claim, demand or compensation which the customer or others may have against WindSMS in relation to the services provided to the customer and the customer's use of the services.
• The Subscriber acknowledges that WindSMS may make and store records of personal information required to establish the Subscriber's identity for the purposes of providing the WindSMS services.
• The Subscriber indemnifies and shall keep indemnified the WindSMS in respect to any loss or damage, suit or proceeding against the WindSMS by any person in respect to the use of the Subscriber's account.
• The Subscriber agrees that the service is exclusive, confidential and non-transferable, unless by express agreement with WindSMS.
• The Subscriber may not resell the Service to other users or provide other users with the Subscriber's username and password.

Acceptable Use

• As the Subscriber, you may not use the Service to:
  1. Cause disturbance, disruption or damage to the Service or to computers, networks or services accessed using the Service.
  2. breach any law, statute or regulation of the Commonwealth of Australia or of any State or Territory of the Commonwealth of Australia or commit any act which is identified in writing by a competent law enforcement official as being unlawful;
  3. breach the security or integrity of the WindSMS's equipment, or use the WindSMS's equipment, network or resources to launch a denial of service attack or to gain unauthorised access to other systems or networks;
  4. use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any WindSMS server, or the network(s) connected to any WindSMS server, or interfere with any other party's use and enjoyment of the website;
  5. attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any WindSMS server or to the website, through hacking, password mining or any other means; or
  6. obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

• WindSMS may suspend its provision of the Service to the Subscriber without notice if the Subscriber is in breach of clauses a, b, c, d, e or f above.

Provision of Service

• The WindSMS reserves the right to deny access to any potential Subscriber at its discretion.
• Any Subscriber acting on the advice of an employee of WindSMS does so at the Subscriber's own risk, and agrees to indemnify the WindSMS against any damage or loss resulting from acting upon such advice.
• The WindSMS's liability for any breach of this Agreement is, if capable of limitation, limited to:
  1. The supply of Services again; or
  2. Payment of costs of having the Services supplied again; at the discretion of the WindSMS.
• Subscription to the Service provided by the WindSMS entitles the Subscriber to use the facilities except where an exclusion or restriction has been made or requested. However, any failure by the Subscriber to use the Services does not absolve the Subscriber from responsibilities under this Agreement and in particular (but without limitation) from the obligation to pay service fees and all and any further costs of collection incurred by the WindSMS.
• The WindSMS may at any time schedule periods of planned interruption to the Service, of which it will endeavour to provide at least 24 hours notice to the Subscriber, for the purpose of carrying out maintenance, changes or improvements to the Service.

Payment Terms

• All accounts must be paid by credit card, cheque or direct deposit.
• The Subscriber agrees that, with the exception of the terms included in the Refund Policy below, all monies are non-refundable, and that annual service fees are payable in advance.
• If the Subscriber is less than 18 years of age, his/her parent or guardian shall be responsible for all charges related to the minor Subscriber's account.
• Not using the Subscription does not relieve the Subscriber of obligation to pay for the service.
• Unsued capacity at the end of the subscription will not accrue to the new annual subscription.
• WindSMS reserves the right to suspend Subscriber access to the Account upon non-payment or rejection of any credit card charges.

Refund Policy

• A request to close the subscription can be made to WindSMS within 7 days of commencement of the service. This may be done by completing the request for a termination form (see the link in the FAQ) and sending it to WindSMS via fax, mail or email.
• WindSMS credit card customers please note: where a customer seeks a refund for any reason, the Bank's Merchant Fees will be deducted from the customer's refundable total before the remainder is returned to the customer.