This agreement applies as between you, the User of this Website and The Climatographers, the owner(s) of this Website. By visiting our Website or purchasing any of our products or services, you agree to be bound by the following Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates or changes to our Website.
- "Account": means the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
- "Content": means any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
- "Facilities": means any online facilities, tools, services or information that The Climatographers makes available through the Website either now or in the future;
- "Services": means the services available to you through this Website, specifically use of the The Climatographers proprietary e-learning platform;
- "Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers, and sort codes;
- "System": means any online communications infrastructure that The Climatographers makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, and email links;
- "User" / "Users": means any third party that accesses the Website and is not employed by The Climatographers and acting in the course of their employment;
- "Website": means the website that you are currently using (climateriskschool.climatographer.com) and any sub-domains of this site.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
- 3.1 Subject to the exceptions in Section 4, all Content on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software is the property of The Climatographers, our affiliates, or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United States and international intellectual property and other laws.
- 3.2 You may not reproduce, copy, distribute, store, or in any other fashion re-use material from the Website unless indicated on the Website, unless we give our express written permission to do so, or unless you otherwise receive permission from the party that owns the Intellectual Property rights.
- 4.1 Unless otherwise expressly indicated or agreed to in writing, all Intellectual Property rights including, but not limited to Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products and all Intellectual Property rights, whether registered or not, that are in existence prior to these Terms and Conditions shall remain with the originating Party.
- 4.2 You may not reproduce, copy, distribute, store, or in any other fashion re-use material from the Website unless indicated on the Website, unless we give our express written permission to do so, or unless you otherwise receive permission from the relevant manufacturer or supplier.
Links on this Website may direct you to third-party websites that are not affiliated with us. Unless otherwise expressly stated, these sites are not under the control of The Climatographers or our affiliates. We are not responsible for examining or evaluating the content or accuracy of such websites, and we do not warrant any third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
In addition to other prohibitions as set forth in the Terms, you may not use our Website or its content as follows. Failure to comply with these rules may result in your Account being suspended or closed:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code;
(h) to collect or track the personal information of others;
(i) for any obscene or immoral purpose; or
(j) to interfere with or circumvent any security features of the Website.
- 7.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website, as we may not require payment information until you wish to make a purchase. By continuing to use this Website, you represent and warrant that all information you submit is accurate and truthful; you have permission to submit Payment Information where permission may be required; and you will keep this information accurate and up-to-date.
- 7.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of you sharing your Account details.
- 7.3 If you have reason to believe that your Account details have been obtained by another person without consent, please contact us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced.
Either The Climatographers or you may terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. If we terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
- 9.1 Every effort has been made to ensure that all general descriptions of Services available from The Climatographers correspond to the actual Services that will be provided to you, but we are not responsible for any variations from these descriptions as the exact nature of the Services may vary.
- 9.2 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 9.3 We reserve the right to change prices and alter or remove any special offers from time to time.
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10.1 No part of this Website constitutes a contractual offer capable of acceptance. Our acceptance is indicated by us sending to you an order confirmation email.
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10.2 The Climatographers shall use reasonable efforts to provide the Services with reasonable skill and care, commensurate with best trade practice. The Climatographers provides technical support via email or phone. The Climatographers makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
We want you to be completely satisfied with the Products or Services you order from us. If you need to speak to us about your Order, please contact us at mark@climatographer.com.
Use of the Website is also governed by Our Privacy Policy (climateriskschool.climatographer.com/privacy) which is incorporated into these Terms and Conditions by this reference.
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13.1 We may use your personal information to provide Services to you; process your payment for the Services; and inform you of new products and services. You may request that we stop sending you this information at any time.
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13.2 In certain circumstances, and with your consent, we may pass your personal information on to credit reference agencies. We will not pass on your personal information to any other third parties without first obtaining your express permission.
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14.1 We make every effort to ensure that our Website and Services are accurate. However, much of the work we do and our Services contain references to items and issues that are under ongoing policy discussion and change. We cannot warrant that the Services will meet your expectations. All products and services are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
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14.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 15.1 To the maximum extent permitted by law, we shall not be liable for any injury or loss, or for any damages including but not limited to any consequential, direct, indirect, special or exemplary damages for loss of profits, lost revenue, lost savings, loss of data, or replacements whether arising under tort, contract, negligence, or otherwise arising from your use of the Website, or for any other claim related to your use of the Website or any information contained therein.
- 15.2 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The Climatographers.
These Terms and Conditions and the relationship between you and The Climatographers shall be governed by and construed in accordance with the laws of the United States and The Climatographers.
