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The Early Warning Network Ltd (ABN 55122940176), trading as
the Early Warning Network (EWN), is a service intended to provide early warning
of severe weather events. It uses publicly available information to provide
subscribers with alerts relevant to a chosen location. Whilst we endeavour to
provide a service of the highest possible quality, no such system can claim to
be failsafe. For that reason if you subscribe to this alert service you
expressly agree that none of The Early Warning Network (ABN 55122940176), trading as the
Early Warning Network (EWN), (the provider of the service),or its related bodies
corporate will be responsible to you for any loss or damage suffered by you in
connection with the service. This includes, but is not limited to, any loss or
damage arising from the failure to warn you of a severe weather event and
provision of an alert that warns of a weather event that fails to materialise.
It does not guarantee or provide warranty to users of its services as to the
delivery, accuracy or timing of its warnings. EWN will not be liable for any
direct or indirect loss or damage, however caused (including by negligence),
arising out of your use of or unavailability of the service, its contents, or
any linked websites.
We may change all or part of the Conditions at any
time. If we do, the new Conditions will be posted on
. Your subsequent or continued use of EWN services will constitute your
acceptance of any changes. If you object to any changes to the Conditions, your
only remedy is to immediately discontinue your use of any EWN services.
While we use reasonable endeavours to ensure that
the EWN service is available continuously, we do not make any representations or
warranties that your access will be uninterrupted, timely, secure or error free.
Your access to the EWN service may be suspended without notice in the case of
system failure, maintenance or repair or any reason beyond our control. Except
as expressly provided otherwise in the Conditions, we reserve the right to
change or discontinue any of our website(s), feature(s) or service(s) (or part
thereof) on the EWN service at any time. Except as expressly provided otherwise
in the Conditions, we reserve the right to change the pricing for any chargeable
service or feature on the EWN service at any time without providing notice to
To access or use certain parts of the EWN service,
you must register as a member of the EWN service and/or a particular websites,
iPhone, Android and mobile applications that form part of the EWN service
When registering as a member, you must provide us
with accurate, complete and up-to-date registration information, as requested.
It is your responsibility to inform us of any changes to your registration
You must not register as a member multiple times.
You must not impersonate or create a membership for any person other than
yourself. We may at any time request a form of identification to verify your
identity. You must ensure the security and confidentiality of your membership
details, including any username and/or password assigned to you. You are wholly
responsible for all activities which occur under your membership details
(including unauthorised use of your credit card). You must notify us immediately
if you become aware of any unauthorised use of your membership details. You must
not permit your membership details to be used by or transferred to any other
We reserve the right to, in our sole discretion,
suspend or terminate your membership or access to all or any part of the EWN
service network, including if we believe you are abusing the services in any
way, have breached the Conditions or are no longer an active member.
You must not:
(a) use the EWN service in breach of any
applicable laws or regulations;
(b) use the EWN service (or Material obtained from
the EWN service):
* to transmit (or authorise the transmission of)
"junk mail," "chain letters," unsolicited emails, instant messaging, "spimming,"
* to impersonate any person or entity;
* to solicit money, passwords or personal
information from any person;
* to harm, abuse, harass, stalk, threaten or
otherwise offend others; or
* for any unlawful purpose;
(c) use the EWN service network to upload, post,
transmit or otherwise make available (or attempt to upload, post, transmit or
otherwise make available) any Material that:
* is not your original work, or which in any way
violates or infringes (or could reasonably be expected to violate or infringe)
the intellectual property or other rights of another person;
* contains, promotes, or provides information
about unlawful activities or conduct;
* is, or could reasonably be expected to be,
defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar,
profane, indecent or otherwise unlawful, including Material that racially or
religiously vilifies, incites violence or hatred, or is likely to offend, insult
or humiliate others based on race, religion, ethnicity, gender, age, sexual
orientation or any physical or mental disability;
* exploits another person in any manner;
* contains nudity, excessive violence, or sexual
acts or references;
* includes an image or personal information of
another person or persons unless you have their consent;
* poses or creates a privacy or security risk to
* you know or suspect (or ought reasonably to have
known or suspected) to be false, misleading or deceptive;
* contains large amounts of untargeted, unwanted
or repetitive content;
* contains restricted or password only access
pages, or hidden content;
* contains viruses, or other computer codes, files
or programs designed to interrupt, capture information, limit or destroy the
functionality of other computer software or hardware;
* advertises, promotes or solicits any goods or
services or commercial activities (except where expressly permitted or
authorised by us); or
* contains financial, legal, medical or other
(d) interfere with, disrupt, or create an undue
burden on the EWN service;
(e) in any way reproduce, modify or circumvent the
navigational structure, security or presentation of the EWN service;
(f) use the EWN service with the assistance of any
automated scripting tool or software;
(g) frame or mirror any part of the EWN service
without our prior written authorisation;
(h) use code or other devices containing any
reference to the EWN service to direct other persons to any other web page;
(i) except to the extent permitted by law, modify,
adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or
otherwise disassemble any portion of the EWN service or cause any other person
to do so; or
(j) delete any attributions or legal or
proprietary notices on the EWN service.
By uploading, transmitting, posting or otherwise
making available any Material via the EWN service, you:
(a) grant us a non-exclusive, worldwide,
royalty-free, perpetual, licence to use, reproduce, edit and exploit the
Material in any form and for any purpose;
(b) except where expressly stated otherwise, also
grant each user of the EWN service a non-exclusive, worldwide, royalty-free,
perpetual, licence to use, reproduce, edit and exploit the Material in any form
for any purpose, subject to the Conditions;
(c) warrant that you have the right to grant the
(d) warrant that the Material does not breach the
(e) unconditionally waive all moral rights (as
defined by the Copyright Act 1968) which you may have in respect of the
We reserve the right (but have no obligation) to:
* review, modify, reformat, reject or remove any
Material which you upload, post, transmit or otherwise make available (or
attempt to upload, post, transmit or otherwise make available) that, in our
opinion, violates the Conditions or otherwise has the potential to harm,
endanger or violate the rights of any person; and
* monitor use of the EWN service, and store or
disclose any information that we collect, including in order to investigate
compliance with the Conditions or for the purposes of any police investigation
or governmental request.
If you think that the EWN service has been
accessed or used by another user in breach of the Conditions, please email us at
email@example.com We'll consider whether there are grounds for taking any
action, but you won't necessarily be contacted as to our decision.
In particular, if you wish to send us a copyright
infringement notification, you will need to identify the Material(s) that you
believe infringe(s) your copyright, identify each copyright protected work in
which you own the rights and which you believe has been infringed, identify how
each copyright protected work has been or is being infringed and include your
contact information. You will need to sign the notice and send it to
Except where expressly provided otherwise in the
Conditions, you do not have any right, title or interest in or to any
proprietary rights relating to the EWN service.
We may feature or display links and pointers to
websites operated by third parties on the EWN service. Such websites do not form
part of EWN service and are not under our control. We do not accept any
responsibility in connection with any such website. If you follow a link to any
such websites, you leave the EWN service entirely at your own risk.
The EWN service may feature or display third party
advertising. By featuring or displaying such advertising, we do not in any way
represent that we recommend or endorse the relevant advertiser, its products or
If you contact a third party using functionality
provided on the EWN service, including via e-mail, we do not accept any
responsibility for any communications or transactions between you and the
relevant third party.
From time to time, we may promote, advertise, or
sponsor functions, events, offers, competitions or other activities that may be
conducted offline and may be conducted by third parties. These activities may be
subject to separate terms and conditions. You participate in any such activities
entirely at your own risk. We do not accept any responsibility in connection
with your participation in activities conducted by any third party.
You use the EWN service at your sole risk.
Except where expressly stated otherwise, Material
on the EWN service is provided as general information only. It is not intended
as advice and must not be relied upon as such. You should make your own
inquiries and take independent advice tailored to your specific circumstances
prior to making any decisions.
We do not make any representation or warranty that
any Material on the EWN service will be reliable, accurate or complete, nor do
we accept any responsibility arising in any way from errors or omissions.
We will not be liable for loss resulting from any
action or decision by you in reliance on the Material on the EWN service, nor
any interruption, delay in operation or transmission, virus, communications
failure, Internet access difficulties, or malfunction in equipment or software.
You acknowledge that we are not responsible for,
and accept no liability in relation to, any other users’ use of, access to or
conduct in connection with the EWN service in any circumstance.
To the extent permitted by law, we exclude all
conditions and warranties relating to your use of the EWN service that are not
expressly set out in the Conditions.
To the extent that our liability for breach of any
implied warranty or condition cannot be excluded by law, our liability will be
limited, at our option, to:
(a) in the case of services supplied or offered by
* (i) the re-supply of those services after full
payment has cleared; or
* (ii) the continuation of those services after
full payment has cleared
(b) in the case of goods supplied or offered by
* (i) the replacement of the goods or the supply
of equivalent goods by us;
* (ii) the repair of the goods by an authorised
party determined by us;
In relation to any express warranty or condition
set out in the Conditions in connection with goods or services supplied or
offered by us via the EWN service, our liability to you will be limited to the
amount(s) paid by you (if any) in respect of those goods or services.
In no circumstances will we be liable to you for
any indirect, incidental, special and/or consequential losses or damages
(including loss of profits, revenue, production, goodwill, data or opportunity)
of whatever nature howsoever arising in connection with the EWN service.
You agree to fully indemnify and hold us harmless
against any expenses, costs, loss (including consequential loss) or damage that
we may suffer or incur as a result of or in connection with your use of, access
to, Materials supplied by you or conduct in connection with the EWN service,
including any breach by you of the Conditions.
If any provision of the Conditions is deemed
invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of the Conditions,
which shall remain in full force and effect.
No waiver of any term of the Conditions shall be
deemed a further or continuing waiver of such term or any other term. Any
failure to assert any right under the Conditions shall not constitute a waiver
of such right.
These Conditions shall be construed in accordance
with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the
courts in New South Wales Courts to determine any matter or dispute which arises
under the Conditions.
In these terms and conditions:
"Conditions" means these terms and conditions,
conditions, notices and disclaimers displayed elsewhere on the EWN service.
" EWN service" means the The Early Warning Network T/A the
Early Warning Network business and all of the websites that we own and/or
operate from time to time, regardless of how those websites are accessed by
users (including via the Internet, mobile phone or any other device) . For a
list of the websites that currently form part of the EWN service, visit
"Material" means text, databases, spreadsheets,
presentations, illustrations, photos, audio, video, any combination of these or
"Us", "me", "I", "we" or "our" means The Early Warning Network (ABN 55122940176) and/or its related businesses and entities.
"You", "Customer", "client" refers to you.
The Google Maps service is made available to you
under licence from Google Inc. By using the Google Maps service and any data or
information accessed from Google Maps, you also agree to be bound by the Google
Maps terms and conditions available at the following url: