On-line Ordering - Terms and Conditions of use

Start your request

• Introduction
• Grant of Licence
• Permitted Use
• Warranty
• Liability
• Indemnity
• Termination
• Data Protection
• Privacy Policy
• General

Introduction

These terms and conditions (the "Terms") apply to your purchase and use of our data ("the Data") ordered from this web site (www.ecmwf.int) ("the Web Site"). Please read these Terms carefully before you submit an order to us. If you do not agree to them, you may not purchase and/or use the Data.

In these Terms, "we", "us" and "our" refers to the European Centre for Medium-range Weather Forecasts of Shinfield Park, Reading, RG2 9AX, UNITED KINGDOM. The terms "you" and "your" refer to the purchaser and user of the Data.

Grant of Licence

In consideration of the fee you agree to pay for the provision of the Data ("the Fee"), we hereby grant and you hereby accept a non-exclusive, non-transferable licence to use the Data upon the terms and subject to the conditions set out below.

Permitted Use

You may use the Data for internal business purposes only. "Internal business purposes" shall mean use of the Data on your computer systems for the purposes of processing or manipulating the Data. All other use, including but not limited to commercial use of the Data, is prohibited without our prior written consent. You may not redistribute the Data in whole or in part.

Warranty

We warrant that we have the authority to grant the right to use the Data. Although we warrant that the Data has been prepared with reasonable skill and care, we do not warrant that:

(a) the Data supplied under these Terms is error free; or

(b) if the Data is supplied by electronic means, such media is free from defects and all known viruses.

Our sole liability to you and your sole remedy in respect of any breach of this warranty will be for us to use our reasonable endeavours to provide corrections of any errors. The express terms of this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statue, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.

Liability

We do not exclude liability for death or personal injury to the extent that the same arises as a result of our negligence or that of our employees, agents or authorised representatives. Subject to this exclusion, we will not be liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with these Terms, the Data, its use or otherwise, except to the extent to which it is unlawful to exclude such liability under the applicable law. We expressly exclude liability for any indirect, special, incidental or consequential loss or damage which may arise in respect of the Data, its use or in respect of equipment or property, and for loss of profit, business, revenue, goodwill or anticipated savings. To the extent that we are liable for loss or damage that may lawfully be limited, such liability shall be limited to the Fee.

Indemnity

You acknowledge that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights subsisting in or used in connection with the Data are and shall remain our sole property.

You agree to notify us immediately if you become aware of any unauthorised use of the whole or any part of the Data by any person.

We agree to indemnify you from and against any and all claims of infringement of copyright, patents, trade marks, industrial designs, or other intellectual property rights affecting the Data PROVIDED THAT:

(a) you have not done, permitted or suffered to be done anything which may have been or become an infringement of any rights in any copyright, patent, trade mark or other rights as hereinbefore provided; and

(b) you have exercised a reasonable standard of care in protecting the same; failing which, you shall indemnify us against all actions, proceedings, costs, claims and expenses incurred in respect thereof.

You undertake that you will give us prompt notice of any claim specified above that is made against you and we shall have the right to defend any such claims and make settlements thereof at our own discretion and you shall give such assistance as we may reasonably require to settle or oppose any such claims.

In the event that any such infringement occurs or may occur, we may at our sole option and expense:

(a) procure the right for you to continue using the Data or the infringing part thereof; or

(b) modify or amend the Data or the infringing part thereof to the extent possible so that the same becomes non-infringing; or

(c) repay the Fee relating to the whole or the infringing part of the Data to you.

You agree to indemnify us and keep us indemnified on demand against any and all losses, claims, damages, costs, charges, expenses, liabilities, demands, proceedings and actions which we may sustain or incur, or which may be brought or established against us by any person and which in any case arise out of or in relation to or by reason of any breach of your obligations under these Terms or any unauthorised action or omission by you or your employees.

Termination

We may terminate the licence granted under these Terms on giving notice to you in writing if:

(a) you commit any breach of any term of this Agreement and (in the case of breach capable of being remedied) you fail within thirty (30) days after receipt of a request in writing from us to do so, remedy the breach (such request to contain a warning of our intention to terminate);

(b) being a body corporate, you present a petition or have a petition presented by a creditor for your winding up, or you convene a meeting to pass a resolution for voluntary winding up, or you enter into any liquidation (other than for the purposes of a bona fide reconstruction or amalgamation) or call a meeting for your creditors, or have a receiver or administrator of all or any of your undertakings or assets appointed, or you are deemed by the relevant statutory provisions under the applicable law to be unable to pay your debts or suffer any of the like events under any jurisdiction.

The termination of this Agreement (howsoever occasioned) shall not affect any accrued rights of either party nor shall it affect the coming into force or the continuance in force of any provision that is expressly or by implication intended to come into or continue in force on or after such termination.

Upon termination of these Terms for whatever reason, you agree to confirm to us in writing within thirty (30) days that all Data supplied under these Terms has been destroyed.

Data Protection

We will comply with all relevant provisions of the Data Protection Act 1998 relating to the processing of any personal data you provide to us. We will not sell or share personal data with third parties unrelated to ECMWF without your permission.

Privacy Policy

We may use the personal data we collect in the following ways:

• to process your order for the Data
• to review how our customers use the Web Site and to develop and enhance the Web Site accordingly
• to inform you of new services, special offers and promotions. If you would prefer not to receive this information, please inform us by contacting us.

General

Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations caused by any circumstances beyond its reasonable control.

Assignment
You may not assign or otherwise transfer your rights in all or part of the Data or these Terms without our prior written consent.

Waiver
No delay on the part of either party in exercising any right or remedy under these Terms shall operate as a waiver thereof nor shall any single or partial exercise of any right or remedy under these Terms preclude any other or further exercise of such right or remedy.

Severability
If any provisions of these Terms shall finally be held to be illegal or unenforceable such provisions shall be severed and the remainder of these Terms shall remain in full force and effect unless the business purpose of these Terms shall have been substantially frustrated, in which case the contract between the parties shall terminate forthwith.

Notices
All notices that are required to be given to us by you under these Terms shall be in writing and shall be sent to the address set out above. Notices may be delivered by hand or by first class pre-paid letter or fax and shall be deemed to have been served if by hand when delivered and if by first class post forty-eight (48) hours after posting.

Entire Agreement
These Terms represent the entire understanding between the parties and supersede all other agreements or arrangements, whether written or oral, express or implied (except in the case of fraud). No variations of these Terms will be effective unless made in writing signed by both parties or their authorised agents.

Headings
The headings used in these Terms are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of these Terms.

Disputes
In the event of a dispute arising in connection with these Terms the parties shall attempt to settle their differences in an amicable manner. In the event that any dispute cannot be settled it shall be finally settled under the rules of conciliations and arbitration of the International Chamber of Commerce by three (3) arbitrators appointed in accordance with the said rules, and, unless otherwise agreed in writing, the Arbitrators shall sit in England. In accordance with sections 45 and 69 of the Arbitrations Act 1996, the right of appeal by either party to the High Court on a question of law arising in the course of any arbitral proceedings or out of an award made in an arbitral proceedings is hereby agreed to be excluded.

Jurisdiction
These Terms are governed by the laws of England and Wales.