TERMS AND CONDITIONS OF USE
The theyr.com ('theyr') website (the 'Site') is owned and operated by Kona Limited ('Kona'), a company incorporated in England and Wales, with company number 4649294.
Acceptance of Terms and Conditions of Use
Please read these terms and conditions of use (the 'Terms of Use') carefully before using the Site. By using the Site, you indicate that you accept the Terms of Use and that you agree to abide by them. If you do not agree to be legally bound by the Terms of Use, you do not have permission to access or use the Site.
Changes to the Terms of Use
Kona reserves the right to change or modify these Terms of Use at any time, and any such changes will take effect as soon as they are posted on the Site. It is your responsibility to review the Terms of Use regularly in order to ensure that you are aware of any such changes. Your continued use of the Site after any changes or modifications are posted will constitute your acceptance of, and agreement to be legally bound by, the Terms of Use as changed or modified.
Use of Service
Access to and use of all and any of the subscription services available from the Site is limited to one individual person only per individual subscription. If access to or use of all or any subscription services is required by more than one individual person, either privately or within a company, the appropriate multiple use subscription must be taken up.
Intellectual Property
All the products, services, data, information, software and images accessible from the Site, including their design, presentation and arrangement, are owned or controlled by Kona, and remain Kona's sole and exclusive property.
Prohibited Use
You may not, directly or indirectly, re-sell, redistribute, republish, reproduce, copy, broadcast or transmit any part of the Site, in any format, including but not limited to, any products, services, data, software or images, except where this has been expressly agreed to in writing by Kona. You may not create or produce in any format a work, which is derived from any of the Site's content. Generally, the Site and its services may be used for lawful purposes only.
Disclaimer
While Kona uses reasonable skill and care to ensure the accuracy of the weather data and forecasts provided through our internet and software applications, it should always be borne in mind that meteorology, and weather forecasting in particular, are not exact sciences. Therefore our weather data and forecasts cannot be relied on as statements of fact. In addition, you should be aware that Kona weather data, forecasts and services are provided without warranties or representations of any kind, whether express or implied.
Any use you may make of Kona weather data, forecasts and services is entirely at your sole risk, and Kona does not warrant or represent that the weather data, forecasts or services are error free or fit for any particular purpose or use. Kona accepts no responsibility for any use made of its weather data, forecasts or services, nor does it accept any liability for any death, injury, damage or loss of any kind, whether direct or indirect, to any person or entity, which may arise as a result of or in connection with use of our weather data, forecasts or services, to the fullest extent that we may disclaim such responsibilities and liabilities at law.
Due to reliance on third party communication networks, or for any other reason, Kona does not warrant that provision of or access to weather data, forecasts or services will be uninterrupted, nor does it warrant that its internet site is free from any virus, worm, Trojan Horse, or any other kind of malware that may cause modification, deletion or damage of data files or computer programmes.
Applicable Law and Jurisdiction
These Terms of Use shall be governed by, and construed in accordance with, the laws of England. Any dispute or claim arising out of or in connection with the Terms of Use shall be dealt with under the exclusive jurisdiction of the English courts.
Privacy Policy
This privacy policy sets out how Kona Ltd ("Kona") uses and protects any personal information that you provide to us when you use the theyr.com website ("the Website").
Kona is committed to ensuring that your privacy is protected. Any personal information you provide when using the Website will only be used in accordance with this privacy policy.
Kona may change this policy from time to time by updating this page. You should check this page periodically to ensure that you are happy with any changes. This policy is effective from 1st May 2011.
What we collect
We receive, store and process information that you provide when you register or subscribe on the Website, or enter a competition, or otherwise provide information to us.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- to fulfil your order by providing the appropriate subscription services and weather data;
- to administer your account;
- to communicate information to you about Kona tips, offers, products, services and competitions that you request or which we believe may be of interest to you;
- to respond to you and communicate with you when necessary;
- to conduct internal evaluations in order to know which parts of the Website are of most interest, and to enable us to monitor and improve our services.
Sharing Your Personal Information
We will not sell, distribute, lease or otherwise disclose your personal information to any third parties for commercial purposes, with the sole exception of to our participating partners. We will disclose it to other third parties only when required by law to do so.
Security of payment transactions
Kona Ltd takes great care to ensure the security of any information proved on the Website. Where credit card information is provided in order to subscribe, please be advised that Kona does not store any such information. Credit card and other payment details are stored and processed by our Payment Service Provider, RBS Worldpay, who use Secure Sockets Layer (SSL) or equivalent secure technology with 128-bit encryption.
SSL is the industry standard method of encrypting personal information and credit card details so that they can be securely transferred over the internet. This means that subscriptions can be purchased online with complete peace of mind.
Cookies
A cookie is a small text file which is transferred to the cookie file of your computer's hard drive, with your agreement. The filers are used to help your browser navigate the Website and fully use all its features. Cookies also allow web applications to respond to you as an individual, but they cannot be used to identify you personally. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use cookies to help us analyse data about web page traffic and improve our website in order to tailor it to customer needs. Cookies also allow us carry information across pages of the Website and avoid you having to re-enter information.
Cookies help us provide you with a better website, by enabling us to analyse which pages you prefer to visit. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies by modifying the settings in your browser. However, if you choose not to accept cookies, this may prevent you from taking full advantage of all the features of the Website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that our privacy policy no longer applies.
Controlling your personal information
We assume that you agree to receive emails from us about Kona's services, offers and competitions, when you subscribe, register or enter a competition. You will be given the opportunity on every email we send you to indicate that you no longer wish to receive such material. You may opt out of receiving such material at any time by sending an email to support@theyr.com.
You may request details of personal information which we hold about you under the Data Protection Act 1998.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.
Contact details
Kona Ltd
Communications House
26 York St
London W1U 6PZ