1. About this website

This is a website operated by Simtel Pty Ltd (ACN 098 589 916) ("Simtel") trading under the business name of stormalert.me, using the domain name "http://stormalert.me". This website refers to the entire range of services offered by the domain "http://stormalert.me", which includes the text messaging service that notifies registered/paying users of severe weather conditions on their mobile (hereinafter referred to as the "website"), which is identified by the local website page set up to provide access to the website (hereinafter referred to as the "Home page") addressed at http://stormalert.me/.

2. About these Terms and Conditions

These website Terms and Conditions (hereinafter the "Terms and Conditions") and the associated Privacy Statement govern your access to and use of the website. By accessing/using the website and/or registering for the services on this website, you are signifying your agreement to be bound by these terms. You should read these Terms and Conditions carefully before using this website.

Please note that the words "website" and "service(s)" are used interchangably by these Terms and Conditions to describe the entire product/services offered by the domain "http://stormalert.me", which relates to visiting and registered users, and extends to the messaging services provided by this website to paying and/or registered users.

3. Your access/use implies agreement

The website is available for your use only on condition that you agree to these Terms and Conditions. By accessing/using the website and/or registering for the services provided by this website, you are signifying your agreement to be bound by these terms.

4. Certain other actions imply agreement to additional terms

In addition to the Terms and Conditions, there may also be specific terms ("additional terms") which govern your use of, and access to, particular sections of the website. Since you are also bound by these additional terms, you should review them wherever they are offered to you. Certain actions, payment or agreement on your part may mean that such services are additional to the normal terms and are subject to a separate agreement. When this happens you shall be offered additional terms through a hyperlink associated with these additional services. Since you are also bound by these additional terms, you should review them wherever they are offered to you.

5. Ownership of Intellectual Property

Any and all intellectual property rights (hereinafter called "intellectual property") associated with the website and its material and contents (hereinafter called the "content") are the sole property of Simtel. The copyright for the content on this website is owned or licensed by Simtel and is protected by copyright and other laws in both Australia and other countries. Except where necessary for viewing the material on this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Simtel. Simtel, and all custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Simtel.

Simtel grants you a limited, personal, non-transferable, non-sub-licensable, revocable license to:
(a) access and use the website, content and services only; and
(b) access and use the website, content and services in the manner presented by Simtel only.

None of the content and/or information may be reverse-engineered, modified, reproduced, republished, translated into any other language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Simtel. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted to do so by Simtel. The circumstances under which this licence may be revoked remain at the sole discretion of Simtel. All rights not expressly granted in the Terms and Conditions of Use are reserved.

6. Modifications to the Terms

Simtel may revise and update these Terms and Conditions at any time. Your continued usage of the website after any changes to these Terms and Conditions will mean you accept those changes.

7. Modifications to the information

While Simtel has made every effort to ensure that this website is free from error. Simtel does not warrant the accuracy, timeliness, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Simtel. Simtel recommends that you seek independent advice before acting upon material on this website.

8. Errors and problems

While Simtel has made every effort to ensure that the service and information available on the website is and shall be free from error, Simtel will not be liable for damage or loss resulting from any delay in operation or transmission, virus, harmful component, communications failure, internet access difficulties or malfunction in equipment or software, howsoever caused. Simtel shall make all reasonable efforts to ensure that the Website is available to you during the hours specified by us from time to time but is not liable to you for or in connection with -

(a) Failure of a Service to perform in whole or in part, any function which we have specified it will perform;
(b) The unavailability of a Service to you in whole or in part because of the failure of the Communication Network, Ancillary Equipment or any circumstance beyond our reasonable control; or
(c) Delays or errors in the execution of any transaction or instruction because of the Communication Network, Ancillary Equipment or any circumstance beyond our reasonable control.
(d) Failure of a text message to be received by you on account of technical problems or traffic congestion; arising from or related to any technical malfunction or technical problem of any telephone network or lines or mobile communications network related to or resulting from using this service.
(e) You acknowledge that it is your responsibility to ensure that the correct contact number is entered upon registration and that this number is correctly maintained on records. It remains solely your responsibility to ensure that contact number provided is both up to date and correct.
(f) Should you have knowledge, either direct or indirect, of a change in their contact details that would affect the operation of this service you must immediately take all necessary steps, without delay, to directly notify Simtel of such changes.

9. Privacy Policy

The Simtel privacy policy governs the use of information collected from or provided by you at the website. A policy statement prepared by Simtel for the purposes of being made available to customers and the general public declaring the company's commitment to the Privacy Act 1988 (Cth) (hereinafter the "Privacy Act") for a company required to comply is available here. With respect to any personal information (related to you or to any other person) provided by you to Simtel, you represent to Simtel that you consent to and have obtained all necessary consents for the processing of such personal information, including the transfer of such information to Australia to be handled by Simtel in a manner as required by the Privacy Act, regardless of the privacy requirements and provisions of its state and country of origin or your or your associate's state and country of residence.

10. Refund Policy

The Simtel refund policy provides a customer the option to apply for a refund within 7 days of initial registration. We are happy to refund customers who are not happy or wish to cancel this service provided we receive this notification from you within this time. Your request must be made to support@stormalert.me. A five dollar administration fee will apply.

11. Outbound links

The website may contain links to third-party websites and resources (hereinafter referred to as "linked sites"). These linked sites are provided solely as a convenience to you and not as an endorsement by Simtel of the content on such linked sites. Simtel makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any linked site. Simtel is not responsible for the availability of the linked site or the content or activities of such sites. If you decide to access linked sites, you do so at your own risk. If you do decide to make use of the link you should remember that your use of the linked site is likely to be subject to Terms and Conditions of use similar to these, including but not limited to, the linked site's privacy policy. Simtel recommends that you review such terms before using the linked site. To the fullest extent possible at law, Simtel makes no warranties or representations: regarding the quality, accuracy, merchantability or fitness for purpose of third party material or products or services available through linked sites; or that third party material available from a linked site does not infringe the intellectual property rights of any person. Without impacting its ability to exclude itself from such responsibilities and warranties Simtel may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Simtel website.

12. Inbound links

Simtel generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Simtel. However, linking to any other page of the website is strictly prohibited, in the absence of a separate agreement between you and Simtel that clearly describes the rights and responsibilities of linking to other pages. Any website or other device that links to the Home page or any page available therein is prohibited from:
(a) replicating content, and/or
(b) using a browser or border environment around the content, and/or
(c) implying in any fashion that Simtel is endorsing it or its products, and/or
(d) misrepresenting any state of facts, including its relationship with Simtel, and/or
(e) presenting false information about Simtel products or services, and/or
(f) using Simtel logo(s) or trademark(s) without express written permission from Simtel.

13. Submissions

While not refusing to accept ideas from you regarding information available on the website (hereinafter called "comments") Simtel does not encourage you to make such comments. If you do send such comments, you acknowledge that:
(a) they will not be considered confidential or proprietary, and
(b) Simtel is under no obligation to keep such information confidential, and
(c) Simtel will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.

14. Disclaimer of Warranties

To the fullest extent permitted by law Simtel makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.

In addition, while we endeavour to provide current and accurate information in a timely manner, Simtel makes no warranty that:
(a) information received by you from this website will be current and accurate;
(b) information received by you from this website will be received in a timely manner or available at all times or that the service will be fault free;
(c) any or all messages sent will be received;
(d) the service will be of any particular quality or be fit for any particular purpose; and
(e) you will be able to receive or utilise the service.

15. Information Security

You shall not attempt to obtain any personal, confidential or sensitive information from the website, nor disseminate, spread or store any personal, confidential or sensitive information from the website including without limitation any software not freely offered by Simtel and personal contact details of clients . Although Simtel makes use of technological protection measures to secure any personal, confidential or sensitive information on its servers, Simtel will not be liable for damage or loss caused by such information being stolen, hacked or copied from its computer systems and servers.

16. Limitation of Liability

Simtel or any related person, corporation or respective directors or employees will not be liable to you for any losses, damages, liabilities, claims or expenses (including legal costs) whether direct, indirect, or consequential howsoever caused (including, without limitation, negligence) suffered or incurred by you arising out of:
(a) use of, or any inability to use the Website; or,
(b) the Content of this Website; or,
(c) any services offered or made available to you by Simtel through any means whatsoever, including but not limited to electronic communications.

If the Trade Practices Act 1974 (TPA) or any other legislation implies a condition or warranty into these Terms of Use in respect of goods or services supplied by the Simtel, and Simtel's liability for breach of that condition or warranty may not be excluded but may be limited, the previous paragraph does not apply to that liability and instead Simtel's liability for any breach of that condition or warranty is limited to in the case of a supply of services, Simtel doing either of the following (at Simtel's election):
(a) supplying the services again;
(b) giving notice to the complainant that the services are no longer being offered.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the TPA or any other legislation which may not be excluded, restricted or modified by agreement.

You acknowledge that:
(a) information provided by means of the service is provided by third parties; and
(b) due to the nature of the service, we are only able to exercise limited quality control; and
(c) delivery of the service relies on third parties; and
(d) Simtel does not accept liability for any errors or omissions in information supplied to us by third parties.

In addition, you acknowledge that:
(a) the Bureau of Meteoroloy is the sole originator of weather warnings in Australia
(b) the service is a warning notification service only. The text message sent is highly abbreviated and may not contain the full warning as issued by the Bureau of Meteorology; and
(c) you will seek further information from the Bureau of Meteorology before acting in reliance on any information supplied by Simtel. This can be obtained from http://www.bom.gov.au/warnings or by call the Bureau of Meteorology.

17. Suspension and termination

Simtel may alter, restrict, suspend or terminate the service at any time without notice to you for any reason whatsoever, including without limitation convenience. Simtel's obligations to you in respect of the service are suspended for any period that Simtel is prevented, for any cause outside its reasonable control, from performing its obligations in respect of the service.

18. Price and payment

Charges for use of this service will be billed annually. We will within 14 days after receipt of registration, deduct from your nominated credit card all charges for the service as notified by you, together with any applicable taxes on those charges, including GST.

19. Use of the service

You may only use this service for personal non-commercial purposes, and must not (and not attempt) to sell, re-sell, re-send, publish, duplicate, re-distribute, copy or otherwise exploit any part of the service, or information provided by the service, whether or not such acts are for a profit or material advantage. You acknowledge that the service is only available for and only relevant to Australian capital cities.

20. Indemnity

Simtel relies on your continued observance of these Terms and Conditions of Use. If the Simtel suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Simtel for those losses, damages and costs.

21. Miscellaneous

These Terms of Use will be governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms which will continue in full force and effect.

22. Customer Service

Questions or comments regarding the website may be submitted to support@stormalert.me