Standard terms and conditions of Windfinder.com GmbH & Co.KG
(subsequently referred to as Windfinder)
Knorrstr. 24, 24106 Kiel
Phone: +49 431-8008643
Fax: +49 431-8008644
§ 1 General information (Preface)
- The following standard terms and conditions of business apply to all Windfinder services and contracts resulting from them.
- Divergent agreements must be in written form in order to be effective.
§ 2 Subject of agreement
- Windfinder provides access to weather data via internet and telecommunication.
- The reception of short messages and mobile content depends on the network coverage of mobile phone networks.
- Short messages (SMS) can only be received in GSM/UMTS networks with cellphones capable of receiving short messages (SMS). Short messages requested by callback-SMS (call a phone number, wait for ring tone and hang up) from outside of Germany only works if the foreign mobile network operators transmit the caller ID to Windfinder.
§ 3 Conclusion of contract (applicable to paid services)
- 1.A contract is concluded when Windfinder has received and accepted the filled-in and signed subscription form from the customer. A contract can also be concluded if a customer subscribes online, via fax or phone.
- A subscription for a paid service is normally accepted by giving the customer access to the requested service.
§ 4 Prices und conditions of payment
- Payments are due as described for each service / rate in the subscription form. Windfinder guarantees only for those services and periods that were paid in advance.
- The prices for services can be retrieved from Windfinder's website.
- The customer cannot claim rebate (refunding) for unused credits (amounts collected) or in case of termination of service.
- Windfinder has the right to immediately deny access to services if the customer does not pay for services he/she ordered. Charge back fees are debited to the customer if he/she is responsible for the charge back. The validity of the contract is untouched by the suspension.
- Price changes become applicable, when.
- they are sent to the customer
- they are announced on Windfinder's website.
- In case of a price increase the customer has the right to terminate the contract within 1 month after the publication of the new prices for the date when the price increase comes into effect.
- Mobile phone operators charge or may charge roaming fees from customers when using connections (phone calls, data connections, short messages) abroad in order to use Windfinder's services. Windfinder has no impact on those roaming fees and does not participate in the revenues from the roaming fees.
§ 5 Liability
- The customer uses the supplied data at his/her own risk.
- Windfinder is not liable for delays of service due to force majeure (greater force, act of God). The same applies to interruptions of service, magisterial regulations (official directive) and other circumstances that impede or make service provision temporarily impossible. If the service interruption persists for more than 8 days then both parties have the right to terminate the contract without notice.
- Windfinder is liable for damages only in case of deliberate acts or in case of gross negligence. This applies to all indemnity claims irrespective of whether the claims are based on lawful damages, contractual or pre-contractual liability. Liability for collateral/indirect damage is barred (excluded).
- Windfinder does not take responsibility for the correctness, completeness or quality of the provided information.
- If Windfinder is forced by changes of mobile or internet network providers to change or cancel the services provided to the customer, he/she has the right to cancel the contract within 1 month after delivery of the change notification or the date when the change became effective.
- Windfinder is not liable for transmission errors (in the mobile networks or the internet).
§ 6 General customer duties
The customers has the duty to inform Windfinder about changes of address or other relevant information that is needed to provide the service (cellphone number, payment details, etc.).
§ 7 Usage rights
- The information provided by Windfinder information is determined only for private use. Commercial use of the information or dissemination to third parties is prohibited. In case of infringement of this condition a penalty at a value of at least € 20,000 is due. Windfinder reserves the right to assert additional damages.
- When a customer uses a flatrate (e.g. SMS) an infringement of the usage rights is still assumed if the customer triggers short messages at a frequency that exceeds the update frequency of the information on Windfinder's side (server side). In this case Windfinder has the right to deny the user access to the information immediatley and without notice.
- Windfinder explicitly reserves the right, to modify, to amend, to supplement, to delete or to withdraw information temporarily or conclusively. It is not permitted to filter information form Windfinder's website, in order to use them for marketing, advertising or other purposes. In case of infringement Windfinder reserves the right of penal action.
§ 8 Links
If hyperlinks point to external URLs (URLs outside the area of Windfinder's responsibility), Windfinder is liable only if Windfinder was aware of them and it was possible and reasonable for Windfinder to remove the links in case of unlawful content according to § 5 Abs. 2 TDG (German law). If you have found links that point to unlawful content please send a notice to Windfinder. For damages incurred from the use or non-use of the unlawful external content the owner of the external site only is liable.
§ 9 Copy right
Windfinder aims to respect any copy right of all used graphics, sounds, videos and text and to use license free or self created graphics, sounds, videos and text. If there is still a graphic, sound, video or text in Windfinder's publications then the copy right of the author could not be identified. In the case of such an unintended copy right infringement Windfinder will remove the corresponding object from its publication or indicate the copy right of the object. Copying or usage of such an object in other electronic or printed publications is not permitted withouth the copy right owner's explicit consent.
§ 10 Cancelation of a service contract
- The customer can cancel a subscription for the end of the minimum period of validity at the earliest. The period of notice is one month. A subscription is cancelled at the end of the month that follows the cancellation notice. A flatrate subscription is cancelled at the end of the quarter. A cancellation notice must be in written form.
- In case of defects, notified by the customer and not amended by Windfinder within 1 month, the customer has the right to cancel a contract immediatley and without further notice.
- Windfinder reserves the right to cancel a contract without notice for an important reason. An important reason is assumed if the customer is in arrears with his payment by 60 days.
§ 11 Contracts taken over by third parties / Ceding of Rights
- Windfinder reserves the right to transfer any rights and duties from a contractual relationship partially or completely to a 3rd party. In this case the customer has the right to cancel a subscription within 1 month after delivery of the notification of the change.
- The customer can transfer his/her rights and duties to a 3rd party only with the written consent of Windfinder.
§ 12 Data Protection
- The data that is collected in connection with a contractual realtionship is stored by Windfinder for purposes of internal data management.
- Windfinder or advertising partners of Windfinder may store cookies on your computer. If you do not wish this you can deactivate cookies in your browser.
§ 13 Place of execution and court of jurisdiction
AAll legal relations from the contractual relation are subject to the right of the Federal Republic of Germany. If the customers are merchants or corporations, who have their domicile or principal office abroad, place of delivery and court of jurisdiction for all disputes is Kiel/Germany.
§ 14 Severability clause
If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect.