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General Terms and Conditions (T&C) & Consumer Information

Contents

Previous versions

§ 1 Provider and scope of application

(1) The provider is:
Kachelmann GmbH
Dorfplatz 2
CH-6417 Sattel
Switzerland
Telephone: +41415300200
Telefax: +41415300002
Support: support@meteologix.com
Contact: info@kachelmann.com
CEO: Jörg Kachelmann
Commercial Register: Canton of Schwyz
Commercial register number: CH-130.4.020.532-2
UID: CHE-274.841.306 MWST

(2) These General Terms and Conditions (T&C) apply to all contracts concluded via the provider’s Meteologix.com website.

(3) The website Meteologix.com and all subdomains are operated by Kachelmann GmbH, Dorfplatz 2, CH-6417 Sattel, Switzerland (hereinafter: Kachelmann GmbH).

(4) This website offers Information on the weather and related topics. Unless otherwise indicated, use of the website and its functions is free of charge. The website with its content and functions can be completely or partially discontinued or changed at any time. Kachelmann GmbH does not guarantee or guarantee that the website with its content and functions will be uninterrupted, secure and free of errors and that it will meet the requirements and wishes of the users.

(5) By using the website, the user agrees to the validity of these Terms and Conditions.

(6) Kachelmann GmbH can change, add or remove parts of these general terms and conditions at any time, which become effective immediately after publication. It is your responsibility to review these Terms and Conditions before each use of the website and by continuing to use this website you agree to any changes.

(7) Kachelmann GmbH can change, suspend or discontinue any aspect of the services available on the website at any time, including the availability of service functions, databases or content. Kachelmann GmbH may also limit certain features and services available on the website or restrict your access to some or all of the website without notice or liability. You agree that Kachelmann GmbH shall not be liable for any damages resulting from any interruption, suspension or termination of the website.

(8) Kachelmann GmbH does not guarantee that its website and/or content or services will work with your computer, browser, hardware or software.

(9) Kachelmann GmbH may charge fees for using the website.

§ 2 Order process, conclusion of contract, contract languages, storage of the contract text

(1) The contract is concluded with Kachelmann GmbH (see above).

(2) The services offered constitute a binding offer to conclude a corresponding contract. All data are displayed on an overview page before the user submits his or her order declaration. Here, the user can identify and change input errors. By clicking on the button "Register now", the user makes a binding contract declaration with which he or she accepts the provider’s offer. This constitutes the conclusion of the contract. Immediately afterwards, the user will receive a confirmation e-mail confirming receipt of the registration.

(3) The languages available for the conclusion of the contract are German and English.

§ 3 Term and termination

(1) The contract term begins with the conclusion of the contract, so that the user can make use of the provider’s services immediately after the conclusion of the contract.

(2) The contract is automatically extended by the agreed contract term, unless the user gives notice of termination.

(3) The user can terminate the contract at any time without giving reasons, with effect as per the end of the contract term, e.g. in his or her customer account under "Termination" or by e-mail to support@meteologix.com.

(4) This shall not affect the right to extraordinarily terminate the contract for cause.

(5) Upon the termination taking effect, the contractual relationship ends, and the user may no longer use the access. The provider reserves the right to block the user name, e-mail address and password at the time the termination becomes effective.

§ 4 Prices and terms of payment

(1) Unless otherwise indicated, the prices quoted on the website include the statutory value-added tax and other price components.

(2) The user can currently pay by credit card; we reserve the right to offer additional payment options in the future. The credit card data are requested during the registration process. After an authorization check, the payment transaction is automatically carried out by the credit card company and the credit card is debited.

§ 5 Right of withdrawal

Consumers based in the European Union have a 14-day right of withdrawal. Corporate users are not granted a voluntary right of withdrawal.

Advice on the right of withdrawal
Right of Withdrawal

You may withdraw from this Contract within fourteen days, without having to state reasons for this decision.

The withdrawal period is fourteen days from the day on which the contract is concluded.

In order to exercise your withdrawal rights, you will have to inform us (Kachelmann GmbH, Dorfplatz 2, CH-6417 Sattel, Switzerland, Telephone: +41415300200, Telefax: +41415300002, Support: support@meteologix.com, Contact: info@kachelmann.com) by means of an unambiguous declaration (e.g. a letter sent by post, telefax or e-mail) of your decision to withdraw from this contract. You may use the enclosed template form, but this is not mandatory.

In order to meet the deadline, it will be sufficient for you to dispatch the notification informing us that you are exercising your right of withdrawal prior to expiry of the deadline.

Consequences of the withdrawal

If you withdraw from this contract, we have to reimburse you for all payments which we have received from you, including delivery costs (with the exception of additional costs incurred because you chose a delivery method other than the cheapest standard delivery method offered by us), without undue delay and not later than within fourteen days from the day on which we receive your notification informing us of your withdrawal from this contract. For this reimbursement, we shall use the payment method which you used in the original transaction, except if expressly agreed otherwise; we shall never charge fees for such reimbursement.

If you requested services to commence prior to expiry of the period of withdrawal, you are obligated to pay to us an adequate sum which corresponds to the proportion of the services already provided up until the time when you inform us that you wish to exercise your right of withdrawal with regard to this contract, in relation to the overall scope of services covered by this contract.

Template withdrawal form

(If you wish to withdraw from the contract, please fill in this form and return it to us.)

- To: Kachelmann GmbH, Dorfplatz 2, CH-6417 Sattel, Switzerland, Telefax: +41415300002, Support: support@meteologix.com, Contact: info@kachelmann.com:

- With this letter I/we (*) withdraw from the contract concluded by me/us (*) on the purchase of the following goods (*)/ provision of the following services (*)

- Ordered on (*)/ received on (*)

- Consumer's/consumers' name

- Consumer's/consumers' address

- Consumer's/consumers' signature (only if notification in paper form) - Date

_________________

(*) Please delete as appropriate.

Expiration of the right of withdrawal

For contracts relating to the provision of services, the right of withdrawal also expires when the provider has performed the service in full and has only begun to perform the service after the consumer has given his or her expressed consent and at the same time confirmed his or her knowledge that he or she will lose the right of withdrawal upon complete performance of the contract by the provider.

§ 6 Warranty

The statutory warranty rights shall apply.

§ 7 User’s duties and obligations

(1) The user is obligated to keep his or her subscriber data up to date during the contract term. If a change occurs, he or she must update the data immediately.

(2) The user is obliged to regularly, at least once per week, check the provided e-mail address for new messages. This applies in particular also to any spam folders.

(3) The user shall keep access data, including the password, confidential, and may not make them accessible to third parties.

(4) All materials published on the Site (“Content”) are protected by copyright. Except as permitted by Section(s) (5) of these Terms and Conditions, you may not modify, publish, frame, repost, reproduce, create new works from, transmit, resell, alter, broadcast, white label, redistribute, forward, display, participate in the transfer or sale of, or deliver the Content or any part of the Content in any format (including, but not limited to framing, deep linking, or embedding).

(5) With the exception of the “Business” subscription, only personal use of the service is permitted. Commercial use, in particular by companies, corporations or other commercial associations, is prohibited. In particular, you are prohibited from copying, posting, publishing, performing, modifying, offering, renting, selling, licensing, derivative works of any information, image, software, product or service available on the Website manufacture, transfer or sell.

Limited commercial use: “Business” subscriptions
A “Business” subscription entitles one (1) user (“Business subscription subscriber”) to use the Site and its contents and services for the Industry Energy User’s limited commercial use. In particular, a “Business” subscription subscriber may republish Site content on a moderate basis internally or as part of company reports or articles, provided that the “Business” subscription subscriber retains (i) identification of the creator of the Content (ii) any resident copyright notices, (iii) a notice that refers to these Terms and Conditions, (iv) a URL or hyperlink to the page on which the Content is available from Meteologix.com, and (v) the Site logo. Abusive reposting and sharing or republishing that qualifies as content mirroring or automatic reposting is strictly prohibited. A “Business” subscription subscriber r shall not crop the Content or remove the Site logo from the Content. A “Business” subscription subscriber may download, view, print, and copy the Content and other downloadable items displayed on the Site for use by the “Business” subscription subscriber provided that the “Business” subscription subscriber maintains all copyright and other notices contained therein.

(6) The Site may be used for lawful purposes only, and may not be used in a manner which violates or infringes the rights of Kachelmann GmbH or any third party.

(7) The user undertakes not to use the comment function to disseminate any infringing content, in particular no insults or other content that violates the personal rights of third parties.

(8) The comments are published without prior control by Kachelmann GmbH.

(9) Should kachelmannwetter.com be informed by a third party of alleged legal violations through a user comment, Kachelmann GmbH is entitled to delete this comment without further consultation.

(10) The website contains links to third-party websites over which Kachelmann GmbH has no control. At the time the link was set, the specific page to which the link was created was checked. There is no ongoing control as to whether the linked site contains infringing content.

§ 8 Content Disclaimers

(1) KACHELMANN GMBH may make available Content, tools, data, information, and products on the Site for your personal or limited commercial use. KACHELMANN GMBH DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT, TOOLS, DATA, INFORMATION, MATERIALS, OR PRODUCTS AVAILABLE ON THE SITE. INTERPRETATION AND APPLICATION OF DATA RELATING TO DANGEROUS WEATHER CONDITIONS, INCLUDING STORMS, THUNDERSTORMS, AND LIGHTNING STORMS, ARE DONE SOLELY AT YOUR OWN RISK.

(2) KACHELMANN GMBH MAKES NO GUARANTEES, AFFIRMATIONS, EXPRESSED WARRANTIES, OR IMPLIED WARRANTIES THAT WEATHER INFORMATION WILL OCCUR OR HAS OCCURRED AS REPRESENTED OR DEPICTED BY THE CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY REPORTS, FORECASTS, GRAPHICS, DATA, BRIEFINGS OR INFORMATION.

(3) KACHELMANN GMBH SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR ANY OTHER PERSON OR ENTITY, PARTIES AND NON-PARTIES ALIKE, FOR ANY INCONSISTENCY, INACCURACY, UNAVAILABILITY, OR OMISSION FOR WEATHER OR EVENTS PREDICTED OR DEPICTED, REPORTED, OCCURRING OR OCCURRED. KACHELMANN GMBH WILL NOT NOTIFY YOU IF THE SOURCES OF ITS DATA FOR FORECASTS OR OTHER CONTENT BECOME UNAVAILABLE OR CHANGE.

(4) YOU ARE ADVISED AND INFORMED THAT KACHELMANN GMBH IS NOT RESPONSIBLE FOR GOVERNMENT ISSUED ADVISORIES, WARNINGS, WATCHES, AND OTHER COMMUNICATIONS. YOU AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.

Supplemental Information for ECMWF model images:

Meteologix is licensed to distribute Retrievable and Non-Retrievable Value Added Services to End Users.

Meteologix does not grant any rights to its customers beyond those defined in the ECMWF Standard Licence Agreement: https://www.ecmwf.int/sites/default/files/ECMWF_Standard_Licence.pdf