METEO CONSULT, a Simplified Joint Stock Company (SAS) with share capital of €225,890.00, having its head office at 1 rue Antoine de Baïf, Domaine de Marsinval -78540 - VERNOUILLET, and incorporated on the Versailles Trade and Companies Register under number 347 613 879, edits and publishes weather information and news accessible at the following URL addresses: www.meteoconsult.fr and marine.meteoconsult.fr (hereinafter referred to as the “Websites”) and the Shipping Forecast Applications (Météo Marine) ( hereinafter referred to as the “App”) and providing access to various sources of information, as well as to a range of additional products and services, as outlined in more detail hereunder.
These general terms and conditions of use, ("T&Cs"), are governed by French law and are intended to govern use of the Websites, the App and the use of various free Services as defined hereunder. Browsing on the Websites, the App and/or subscription for a Service automatically implies express and unreserved acceptance of these T&Cs in full by the user of Websites and the App.
The T&Cs in force can be consulted at any time on the Websites and on the App and may be downloaded or printed.
In the event of any failure to respect the terms set forth in these T&Cs, METEO CONSULT hereby reserves the right to take any and all measures to protect its own interests and notably to guarantee performance. METEO CONSULT may notably serve summons on users of the Websites and the App in civil and/or criminal proceedings where necessary.
Any condition to the contrary not expressly accepted by METEO CONSULT is not enforceable or binding on the latter. In such instance as METEO CONSULT does not claim enforcement of any of the general terms and conditions herein this does not constitute waiver by METEO CONSULT to subsequently requested enforcement thereof.
Account: refers to the portal made available to Users who have subscribed to the Websites and the App, which provide access, after having logged in using the Access Codes, to the subscribed Services.
Content: refers to all information and publications accessible on the Websites and the App, notably the general structure, texts, animated and fixed images, videos, sounds, hypertext links which all appear on the Websites and App; distinctive signs, trademarks and logos comprising its style guide; and the associated databases as well as their content, notably comprising: images, tables, photos, videos, presentations, hypertext links.
Subscription form: refers to the subscription form allowing the User to subscribe to benefit from free Services offered by METEO CONSULT.
Website: refers to all content and services proposed by METEO CONSULT on the websites accessible at www.meteoconsult.fr and marine.meteoconsult.fr, regardless of the section.
User: refers to any user having subscribed on the Websites.
In its capacity as Website editor, METEO CONSULT is free to sell space to advertisers of its own choice for advertising and publicity on the Websites. The User hereby acknowledges that it has no rights whatsoever over this advertising space and refrains from any claim or legal action accordingly.
The Website User refrains from reproducing and/or using the trademarks and logos which appear on the Websites, programmes and/or technologies provided in relation to the Websites, as well as from modifying, copying, translating, reproducing, selling, publishing, exploiting and distributing in any digital format or otherwise, any or all of the information, text, photos, images, videos and data present on the Websites, as well as those downloaded in the framework of subscriptions to digital products, which constitute creations as defined by article L112-1 of the intellectual property code.
Any breach of these fundamental provisions leads to the perpetrator, and any other person(s) responsible, to facing civil and criminal charges as stipulated by law.
METEO CONSULT hereby agrees to grant the Website User a private, non-collective and non-exclusive right of use over its content. This right is strictly limited to the right to print one or more articles and/or store these on a computer (or any other digital medium such as mobile or tablet device) solely and exclusively for personal and private use. Any publication on a network, re-distribution, use in any commercial or professional setting or any sale of this content to third parties, in any form whatsoever, is strictly prohibited without the prior consent of METEO CONSULT. This is also the case for RSS feeds and newsletters. Those people wishing to exploit or use the Website content, in whole or in part, for commercial or professional purposes, and notably RSS feeds, are invited to contact METEO CONSULT at 1 rue Antoine de Baïf, Domaine de Marsinval - 78540 – VERNOUILLET.
The User agrees to use the Websites and all Services at its own risk and under its own liability. METEO CONSULT is unable to guarantee that the Websites and its Services not suffer any interruption. The obligation to provide access to the Websites and Services is limited to an obligation of means.
METEO CONSULT hereby undertakes to take all best efforts to publish weather information in line with professional rules of the trade. The Client hereby confirms that it accepts the characteristics and limits of weather forecasts, and notably acknowledges the following:All photographs and illustrations accompanying the services on the Websites is not contractually binding and may not incur the liability of METEO CONSULT.
All Content, comments and other data published on the Websites and the App are not intended to be advice on the basis of which a decision to purchase may be taken by the User. METEO CONSULT hereby waives all liability with regard to any trust placed by the User in the Websites and the App with regard to the data and information included, or by any person who may be informed of this Content. The User should not, under any circumstances whatsoever, consider the Content or other information presented on the Websites as precise and up-to-date, but should always check this information itself.
Neither METEO CONSULT nor any of its partners may be held liable for any damages, whether direct or indirect, consequential, special, accessory, or dissuasive and which result from any errors, omissions or delay in the transmission of information on the Websites, the loss of information or problems encountered when making electronic payments for Services.
Similarly, information which the User obtains from the Websites, the App or in the framework of Services proposed by METEO CONSULT, whether on the Websites, by email or in any other text-based message format, will not be guaranteed in any manner by METEO CONSULT. All information and data published on the Websites are collated from the most reliable sources and only provided as a guide. The provision of these data may not be considered, in any manner whatsoever, as specific advice or assistance in decision-making.
All photographs and text reproduced and illustrating products presented are not contractually binding. Consequently, the liability of the Websites may not be incurred in the event of any error in any of these photographs or texts.
The Content proposed complies with French legislation in force. The liability of METEO CONSULT may not be incurred in the event of any failure in respecting legislation in the country of connection.
METEO CONSULT hereby notifies people who hold parental authority of the diverse nature of content available on the Internet, which may be harmful to children or cause them prejudice. Parents are therefore encouraged to supervise children when using the Internet.
The Websites are, in principle, accessible 24/7, without interruption, whether scheduled or not, for maintenance or in case of any force majeure. Being subject to an obligation of means, METEO CONSULT may not be held liable for any damages, of any nature whatsoever, resulting from any lack of availability of the Websites or of one or more Services, or resulting from the presence of any virus on the Websites.
The Websites include information which is provided by external entities or hypertext links to other websites which have not been developed by METEO CONSULT. The presence of links on the Websites and directing to other sites does not constitute any approval of these sites or their respective content by METEO CONSULT. It is incumbent upon the User to ensure use of this information with wise judgement and discretion. The liability of METEO CONSULT may not be incurred due to information, opinions and recommendations expressed by third parties.
METEO CONSULT does not have any means to control these websites (and/or the products and services they propose) and these sources, and is not responsible for the availability of these sites and external sources nor does it provide any guarantee thereover.
METEO CONSULT does not own the content to which these websites or sources provide access, and excludes all liability and guarantees over the content thereof.
Links are provided, in part, automatically and cannot all be verified by METEO CONSULT staff. If, however, across Website pages there is any link towards an external page on which illegal content should be published by a third party, METEO CONSULT will remove the link to this page, after having been duly notified of said content.
To benefit from the Website Services, the User who is duly subscribed should create an account using the online Subscription Form provided accordingly. Creation of an Account on METEO CONSULT is intended for use by adults. It is available to children provided they are supervised by an adult.
By subscribing, the web users guarantees that s/he provides precise and up-to-date information concerning his/her identity and contact details. S/he notably undertakes to provide an email address which belongs to him/her. METEO CONSULT hereby reserves the right to refuse subscription or to suspend or close an account if it has any doubts regarding this information. Web users undertake to immediately notify METEO CONSULT of any unauthorised use of their account and any other confidentiality and security breach of identification means by contacting 1 rue Antoine de Baïf, Domaine de Marsinval -78540 – VERNOUILLET.
Immediately following validation of the subscription form, Users can access their Account when entering their email address and Password, over which they are responsible for protecting the confidentiality. Use of the Websites following subscription is valid for an indefinite term. METEO CONSULT hereby reserves the right to terminate this at any time, by email, with respect of a reasonable term of notice. In the event of any default in respect of these T&Cs by any User having subscribed, the personal Account may be deactivated immediately and without notice, and temporarily or permanently, without prejudice for all other rights of METEO CONSULT.
Electronic logs and registers stored in systems in respect of rules of the trade for security purposes will be considered as proof of electronic communication, issue of subscription forms, content downloads, content publication and comment posting. Archiving of subscription forms is undertaken on a medium which guarantees both reliability and sustainability for the term required by legislation in force and notably ‘Decree no. 2011-219 of 25th February 2011 regarding the storage and communication of data for identification of any person having been involved in the creation of content posted online’. It is hereby agreed that in the event o any discrepancy between the electronic logs and registers stored by METEO CONSULT and documents in paper or electronic format held by the user, the electronic logs and registers belonging to METEO CONSULT will prevail.
Personal data identified as mandatory in the Form are required to benefit from the functions provided by the Websites and Services. These data are stored in a file which is notified to the French National Data Protection Authority (CNIL) under declaration receipt no. 1413484. They may be used by METEO CONSULT, in accordance with legislative provisions in force, for direct canvassing operations to propose Web users similar products or services to those to which the Web user has subscribed. In such instance as legislative provisions should require the specific consent of the User for communication of precise personal data, the latter may, at the time of subscription, deactivate this, and refuse consent by clicking the corresponding button. User consent may also be withdrawn at any time by sending an email to the following address: 1 rue Antoine de Baïf, Domaine de Marsinval -78540 – VERNOUILLET. These data are confidential. Consequently, in accordance with the data protection and freedom of information act of 6th January 1978, the User has a right to access and amend their personal data. This right can be exercised by sending an email to the following address: 1 rue Antoine de Baïf, Domaine de Marsinval -78540 – VERNOUILLET. These data must also be stored in accordance with terms and conditions set forth under ‘Decree no. 2011-219 of 25th February 2011 regarding the storage and communication of data enabling identification of any person having been involved in the creation of content posted online.
Some personalised services require Users to accept the installation of cookies. A cookie does not allow Users to be identified. It solely records information regarding browsing on the device (computer, tablet, smartphone) across the Websites (pages consulted, etc.) which may be read on subsequent visits.
The provision of this information is essential to be able to use some services. METEO CONSULT respects User privacy and strictly complies with all legislation in force regarding data protection and freedom of information.
These T&Cs are governed by French law. In case of any dispute, French Courts will have sole and exclusive jurisdictional competence.
In such instance as any of the provisions in these T&Cs should be deemed inapplicable by virtue of any right or legislation in force, the User and METEO CONSULT agree to renegotiate the provision in good faith in order to protect the economic position which they had as close as possible to that initially indicated under the provision in question.
If they fail to replace this provision in a mutually acceptable and enforceable manner, this provision will be excluded from these T&Cs and the remainder of the provisions will be interpreted as if said provision had been excluded and will continue to be applicable.
METEO CONSULT hereby reserves the right to adapt or amend these T&Cs at any time. The new general terms and conditions will be, where applicable, notified to the User by way of a modification online.
