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Privacy Policy

 

Contract Formation


1. If you have registered to use this Website, you will be offered the opportunity to purchase weather data. By clicking "Purchase" in the shopping process, you will be offering to purchase a licence from MG to use the data in your shopping basket on the terms and conditions set out in this Data Licence Agreement. By permitting you access to the data online or by e-mailing the data to you, MG will be accepting your offer and this Data Licence Agreement will become a binding contract. It will apply to the data in your shopping basket when you clicked "Purchase" and such data (including any text or other pictorial content provided with the data) will be called the "Data" in this Data Licence Agreement. This Data Licence Agreement incorporates the General Terms and Conditions of Use of the Website.


Reproduction Rights


2. MG permits you to use the Data subject to the terms and conditions set out in this Data Licence Agreement.


General Restrictions


3. This Data Licence Agreement permits you to use and store the Data for your internal business purposes only. You are not permitted to copy, distribute, publish or communicate to the public the whole or part of the data.


Intellectual Property Rights


4. You acknowledge that the IP Rights are our property or the property of our licensors. We (or our licensors) will, at our (or their) option, have the conduct of all proceedings relating to the IP Rights. You agree to give us your full co-operation in protecting the IP Rights including taking any reasonable action in respect of such rights, and we will pay your reasonable expenses in doing so. We may terminate the Data Licence Agreement if you challenge the ownership of any of the IP Rights. You may need to obtain licences or other agreements from third party owners of certain Data or other relevant third party licensors. If we tell you that you must obtain such licences or other agreements, you must obtain them and pay any applicable licence fees before you use the relevant Data. The Data is provided to you subject to any restrictions or prohibitions which may be imposed from time to time either on us or on you directly by any third party owners of the IP Rights or any other relevant third party licensors.


Payment


5. You agree to pay the relevant fee stated on the Website for the Data. If you have a data subscription account, you will pay all invoices issued by us within 30 days of the date of invoice. Without prejudice to any other rights and remedies we may have, if we do not receive payment of any invoice on the due date, we may: (a) suspend the licence to use the Data granted to you under this Data Licence Agreement; and (b) charge interest from the due date until payment is received (including after any judgement has been obtained) at a rate of 4% above Lloyds TSB Bank plc base rate for the time being, such interest to be calculated on a daily basis. You may not set-off any monies which we owe to you against any monies which you owe to us under or in connection with the Agreement.


Liability


6. You warrant that all of the details provided by you when you completed the Registration Form are correct and you agree to notify us of any changes to any of those details.


7. MG will take all reasonable steps to ensure the accuracy and timely provision of the Data but neither we nor our licensors warrant the results to be obtained from any Data, that any Data will be suitable for any specific purpose or that its provision will be free from error or uninterrupted.


8. All of the terms agreed between the parties in relation to the subject matter of this Data Licence Agreement are expressly set out in it and the parties do not intend any other terms to apply unless we expressly agree otherwise in writing or by e-mail. Each party acknowledges that, in entering into the Data Licence Agreement, it is not relying on any representation made by the other party that has not been set out expressly in this agreement. No conditions, warranties or other terms apply to any Data or its provision under the Data Licence Agreement (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) except to the extent that they are expressly set out in the Data Licence Agreement.


9. MG accepts no liability whatsoever (except, subject always to clauses 10 and 11 of this Data Licence Agreement, for direct loss suffered by you to the extent arising from the MG’s negligence or wilful default) arising directly or indirectly from the provision or non-provision of the MG Material or otherwise in relation to this Agreement (including, for the avoidance of doubt, any negligent misrepresentation). However, nothing in this Agreement shall limit either party’s liability: (a) for fraud, (b) for death or personal injury caused by its negligence, or (c) in relation to any other liability which cannot be excluded or limited by law.


10. Neither party will be liable to the other in any circumstances under or in connection with this Agreement for: (a) any loss of profits, anticipated savings, production, contracts, goodwill or business opportunities, (b) economic loss not as a result of damage to tangible property, (c) loss in connection with third party claims, or (d) any indirect, special or consequential loss.


11. MG’s total liability arising from or in connection with this Data Licence Agreement and in relation to anything which MG may have done or not done in connection with this Data Licence Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall in relation to all events or series of connected events occurring in any given calendar year be limited to the amount of the fees payable by you in that calendar year (to be calculated on a pro-rata basis from fees payable during part of a calendar year if the relevant calendar year has not been completed at the time the claim is made).


12. You will indemnify us against all losses, costs and expenses (including any legal and other professional expenses) suffered by any MG Group company arising directly or indirectly from: (a) any unauthorised use of the Data by you (or any person authorised or permitted by you); or (b) your breach of this Data Licence Agreement or of any duty arising in contract or tort, by statute or otherwise.


13. Neither party will be liable to the other under or in connection with the Agreement for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond its reasonable control.


Termination


14. This Data Licence Agreement may be terminated immediately by written notice: (a) by either party if (i) the other commits a material breach of this Data Licence Agreement and, if such breach is remediable, it is not remedied within 7 days of receipt of notice requiring remedy; or (ii) the other party ceases or threatens to cease to carry on business; (b) by us if you become insolvent or bankrupt or suffer any insolvency or bankruptcy related event in any applicable jurisdiction. You are not permitted to Reproduce any Data following termination of this Data Licence Agreement. Other than that, termination of this Data Licence Agreement shall not affect your or our accrued rights or liabilities under it.


General


15. In relation to your storage and use of the Data, you will comply with, and take any action required by us to ensure that you comply with, all applicable data protection legislation (including, for the avoidance of doubt, the Data Protection Act 1998) including taking any technical and organisational procedures and measures necessary to ensure the security of any personal data.


16. Any notice given under the Agreement must be in writing and delivered by hand or sent by FedEx or other similar international delivery service (or, if within England, by first class or recorded postal delivery) or by fax (provided that a hard copy is delivered/sent as set out above within 24 hours). All notices shall be delivered/sent to such address as the relevant party has notified to the other party from time to time.


17. We may assign or transfer the Agreement or all or any of our rights and/or obligations under the Agreement to any MG Group company. You may not assign or sub-license the Agreement in whole or in part without our prior written consent.


18. The failure or delay by either party to enforce any of its rights under the Agreement shall not be a waiver of such rights or any other rights.
For the purpose of Section 1(2) of the Contracts (Rights of Third Parties) Act 1999, no term of the Agreement shall be enforceable by a third party.


19. If any provision of the Agreement is held to be void or unenforceable in whole or in part, this shall not affect the validity or enforceability of any other provision or the Agreement as a whole, and the parties will renegotiate the provision in good faith to achieve the same objects.


20. In this Data Licence Agreement: (a) the headings are for reference purposes only; (b) references to clause numbers are to those in this Data Licence Agreement; and (c) unless it says otherwise, references to "including" are by way of example and shall not limit the general applicability of any preceding words.


21. This Data Licence Agreement shall be governed by and construed in accordance with English law and each of the parties hereby submits to the jurisdiction of the English courts.