WINDCRANE Terms & Conditions

Effective date: 1 September 2022

The website https://www.windcrane.com (the “Website”) and any related software applications, domain names, portals, products and services (collectively, the ‘Services’) are offered by Logic Energy Ltd having a business address at PO Box 26237, Kilmarnock, KA1 9GE, UK (‘WINDCRANE,’ ’us,’ ‘we,’ or ‘our’).

These Windcrane Terms & Conditions (the ‘Terms’) govern individual user’s or business entity’s (‘you’ and ‘your’) access and use of the Website, the Services, and any current or future websites, portals, software applications, domain names, products and services that may be offered by WINDCRANE from time to time, except where your use of the Services is subject to a separate agreement.

Please read the Terms carefully because they contain important information regarding your use of the Website and the Services. If you do not agree with one or more provisions of the Terms, you are not allowed to use the Website and the Services.

 

1. General

 

About the Website and the Services. The Services include remote wind speed monitoring systems, sensors and accessories for cranes, software and hardware offered by WINDCRANE. The Services are intended for professional non-consumer use. The Website provides information about the Services and WINDCRANE. License to use the Website and the Services. WINDCRANE grants you a personal, revocable, non-exclusive, non-transferable and limited license to use the Website and the Services pursuant to these Terms. You are not allowed to use the Website and the Services in countries where they may be restricted or prohibited by local legislation. WINDCRANE reserves the right to refuse or cancel your access to the Website and the Services for any reason whatsoever.

Minors. The Website and the Services are not marketed and should not be used by persons under the age of 18.

Privacy and other relevant terms. The documents that include important provisions regarding your use of the Website and the Services and should be read and interpreted together with these Terms, are:

WINDCRANE privacy and cookie policy available at https://www.windcrane.com/contact- us/privacy-policy, which describes in detail how WINDCRANE handles your personal data collected through the Website (the “Privacy Policy”);

Logic Energy Limited General Terms and Conditions;

and Other individual terms and conditions made available by us on the Website or through the Services.

 

2. User Account

 

In order to access the Services and use the full functionality of the Website, you have to maintain a user account (the “User Account”). The User Account can be obtained by contacting WINDCRANE. WINDCRANE reserves the right, at its sole discretion, to refuse to register any User Account for any reason. You are not allowed to assign your rights under these Terms and your User Account is not transferable. By maintaining your User Account, you acknowledge, agree and warrant that:

You can conclude legally binding contracts;

You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of the Website and the Services;

You will provide only true, accurate, complete, and up-to-date personal data;

You will register no more than one User Account;

and You will be solely responsible for all information and activities that occur under your User Account.

The collection and use of your personal data submitted through your User Account is subject to the Privacy Policy.

You are solely responsible for maintaining the confidentiality of your User Account, including handling your login details and passwords in a secure manner.

You further agree to immediately notify WINDCRANE about any allegedly unauthorised use of your User Account or any other security breach related to your User Account.

You are responsible for using secure Internet connection and protected networks when accessing the Website and the Services. WINDCRANE cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations.

WINDCRANE reserves the right to suspend or terminate your User Account if, at its sole discretion, we have grounds to believe that your use of the Website and/or Services seriously and repeatedly breaches these Terms.

 

3. Fees and payments

 

The Fees. The Services are subject to the applicable service fees, including subscription fees (the “Fees”). The schedule of the Fees may made available on the Website or communicated to you personally. Unless indicated otherwise, the Fees include applicable sale tax. By ordering the Services, you agree to pay the Fees for every billing cycle in accordance with these Terms, the terms and conditions of the respective Fees, and other terms and conditions in force at the moment the service contract is concluded. The Fees remain valid for as long as they are indicated on the Website or communicated by us. The Fees are subject to a change with a prior notice to you.

Invoices. Invoices for the Fees due are issued automatically at the beginning of each billing cycle. We will automatically renew your Subscription Plan (as defined hereunder) based on its renewal cycle, unless you cancel your Subscription Plan (as defined hereunder) prior to the expiration of then-current subscription term.

Payment processing. All payments related to the Services are processed by our third-party payment processors (the “Payment Processors”). The Payment Processors may collect some personal data from you, such as your name, credit card number, and billing address, which will allow them to process your payments. The Payment Processors handle all steps in the payment process through their systems, including data collection and data processing, subject to their individual terms and policies. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You agree not to hold WINDCRANE liable for payments that do not reach it because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason.

Steps to conclude a service contract. If you would like to conclude a paid service contract with us, you need to: (i) visit https://www.windcrane.com; (ii) choose the product or service that you would like to order; and (iii) contact us for further information. After your payment is completed, we will send a confirmatory email informing you about your order. By completing the payment and receiving the confirmatory email, you conclude a service contract in English with us on the basis of these Terms. The details of the specific service contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your order, you can contact us directly.

Refunds. WINDCRANE does not issue partial or full refunds for the Services purchased by you, unless the provision of such Services is impaired due to WINDCRANE fault or the Services are defective. WINDCRANE reserves the right, on a case-by-case basis and at its sole discretion, to decide whether a refund should be issued to you.

Subscription terms. Some of the Services (e.g., the Lifetime Service) are offered on a subscription basis, subject to the subscription plan chosen by you (the “Subscription Plan”). Invoices for the Fees due are issued automatically at the beginning of each billing cycle. Unless you cancel the Subscription Plan prior to the expiration of then-current subscription term, WINDCRANE will automatically renew the Subscription Plan based on its renewal cycle and will issue an invoice for the Fees due.

Cancellation. The Subscription Plan must be cancelled at least 30 calendar days prior to expiration of then-current billing period to avoid automatic renewal. If you cancel your Subscription Plan later, the cancellation will not be guaranteed. All cancellation request must be submitted to WINDCRANE at info@windcrane.com. Your inactivity on the Website or failure to use the Services do not substitute your request for the cancellation of the Subscription Plan.

 

4. Services Warranties and Commitments

 

WINDCRANE hereby commits to render the Services that conform to generally accepted industry standards, provided that:

The Services have not been modified, changed, or altered by anyone other than WINDCRANE;

You promptly notify WINDCRANE of any downtime of the Services or any support enquiries related thereto;

You provide adequate troubleshooting information allowing WINDCRANE to identify and address problems;

All Fees due have been paid by you; and

You do not abuse the Services.

You hereby commit to:

Use the Services in accordance with these Terms, the service contract, and other general terms in force during the term of your use of the Services;

Use the Services in accordance with the recommendations, operating rules, and guidelines set by WINDCRANE;

Ensure that your authorised agents, employees, or other persons responsible for accessing and using the Services are instructed on the proper use of the Services in line with the instructions provided by WINDCRANE;

Ensure that the Services are used in combination with the recommended software and you will remain solely responsible for obtaining a license to use the said software; and

Ensure that the Services are used on a suitable piece of hardware.

The Services may not meet the standards to be expected of a mission-critical meteorological or navigation resources. The Services Data provided by WINDCRANE may be obtained from external sources and third parties. Such data is processed automatically without human oversight. Therefore, the Services Data may not always be accurate, up-to-date, or available.

 

5. Use of Services Data

 

Any technical non-personal Services-related data collected by WINDCRANE through the Services (e.g., wind monitoring data, historic wind data reports, wind forecasts, live data, and remote live data) (the “Service Data”) can be used by WINDCRANE for any legitimate business purposes, including, but not limited to:

To analyse the usage of the Services;

To enhance wind forecasts;

To examine the relevance, popularity, and engagement rate of the Services;

To investigate and help prevent security issues and abuse;

To develop and provide additional features to the Services; and

To personalise the Services for your specific needs.

The non-personal data may be disclosed to third parties for any purpose. WINDCRANE may share it with prospects or partners for business or research purposes, for improving the Website and the Services or developing new products and services.

You are not allowed to directly or indirectly disclose, deliver, transmit, broadcast, redistribute, or forward the Services Data made available to you by WINDCRANE or any other data, information, or images related to the Services in any format without prior written permission from WINDCRANE. The Services and the Service Data made available to you by WINDCRANE may be used solely for personal, informational, internal purposes and may not be re-purposed without the express written permission of WINDCRANE.

 

6. Support and Maintenance

 

Any requests for customer or technical support should be addressed to WINDCRANE by email at info@windcrane.com. If agreed between WINDCRANE and you, WINDCRANE shall provide maintenance services related to the Services within the term of the service agreement. The maintenance services shall be provided in accordance with the standards of skill and care reasonably expected from a leading service provider in WINDCRANE’s industry.

WINDCRANE reserves the right to, upon a prior notice to you, schedule regular maintenance times related to the Services. During the maintenance, all or a part of the Services may not be available to you. WINDCRANE reserves the right, in its sole discretion, to suspend provision of all or a part of the Services for unscheduled maintenance, if reasonably necessary. In that event, WINDCRANE will put reasonable efforts to notify you as soon as possible.

 

7. WINDCRANE Hardware

 

We offer for sale wind monitoring systems that may contain hardware elements (the “Hardware”). The use of the Hardware is subject to the terms and conditions of the respective warranty that you will receive with the Hardware. Please read the warranty carefully and make sure that you use the Hardware in accordance with the applicable technical requirements and follow all recommendations, operating rules, and guidelines pertaining to the Hardware.

Right of withdrawal. If you purchase the Hardware as a consumer (i.e., a person acting wholly or mainly outside the scope of trade, business, or profession) and, in your country of residence, you have the right to withdraw from a service contract, you can cancel your sales contract with us within the period of 14 days after you have physically taken possession of the Hardware without providing any reason to us. If you act as a business, trader, or use the Hardware for professional purposes, you are not entitled to exercise the right of withdrawal; please contact us for more information. If you qualify for a withdrawal and you would like to receive a refund, you must inform us of your decision to withdraw from the contract by email at info@windcrane.com before the 14- day period expires. After you get our return notice, you have to return the Hardware at your own cost to the address indicated by us without undue delay and in any event no later than 14 days from the day on which you informed us about your wish to return the Hardware. The deadline is met if you send back the Hardware before the period of 14 days expires. The shipping costs for the return of the Hardware shall be paid fully by you and are non-refundable. To be entitled for a refund, the Hardware must be (i) unused, (ii) in an impeccable condition, (iii) with the applicable tags on, and (iv) in its original packaging. If any of these conditions are not met, we will not refund you for the returned Hardware.

Faulty Hardware. If you find that the Hardware that you have received are faulty or wrong Hardware has been delivered, you are entitled to:

Cancel the purchase and return the Hardware as described in section “Right of withdrawal” above;

Request a reduction of the fees paid by you or a refund (please contact us for further information);

Request a repair of the Hardware (please contact us for further information); or

Request to replace the Hardware with the same non-faulty Hardware or similar Hardware (please contact us for further information).

If you do not receive the Hardware that you have purchased within the specified shipping period, please contact us and we will look into your order.

 

8. Commercial Communication and Services-Related Notices

 

WINDCRANE will send you newsletters and other commercial communication only in the following instances:

If WINDCRANE receives your prior express (“opt-in”) consent to receive marketing messages (please note that your voluntary subscription to such communication substitutes such consent); or

If WINDCRANE decides to send you marketing messages about its new services that are closely related to the Services already used by you.

If you prefer not to receive any commercial communication from WINDCRANE, you can easily opt- out free of charge. To do so, please click the “unsubscribe” link in any email that WINDCRANE sends to you. WINDCRANE will cease to send you commercial communication as soon as possible.

Within the term of the Services, you may receive from WINDCRANE important technical notices about your use of the Services, including service-related, technical or administrative emails, information about your payments, privacy and security, and other important matters. Please note that WINDCRANE will send such notices on an “if-needed” basis and they do not fall within the scope of commercial communication that requires your prior consent and you cannot opt-out from the said notifications.

 

9. Disclaimer of Warranties

 

Your use the Website and the Services is at your own risk. The Website and the Services are provided to you “as is” without warranty of any kind either express or implied. It is your own responsibility to ensure that the Website and the Services meet your specific requirements.

Neither WINDCRANE nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Website and the Services or their operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Website and the Services on behalf of WINDCRANE.

 

10. Service Data Disclaimer

 

The use of the Service Data, including any action taken or not taken as a result of the Service Data, is at your own risk.

The Service Data is made available with no warranties, expressed or implied, concerning the accuracy, completeness, reliability, or suitability of the Service Data. The Service Data may contain nonconformities, defects, errors, or omissions. You are solely responsible for verifying the accuracy of the Service Data before using it. The Service Data is provided “AS IS”.

WINDCRANE shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the Service Data, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. You hereby assume the entire risk as to the quality of the Service Data.

Furthermore, WINDCRANE does not accept any responsibility or provide any liability for any damage to, or loss of data, software, or hardware resulting from the use of or inability to use the Service Data. It is your responsibility to ensure the compatibility and protection of any data, software, or hardware used in conjunction with the Service Data.

The use of the Service Data for purposes other than those for which the Service Data is intended may yield inaccurate or misleading results. You may not assert any proprietary rights to the Service Data. WINDCRANE shall not be liable for any activity involving the Service Data with respect to lost profits, lost savings or any other consequential damages.

WINDCRANE shall not be liable for any indirect, consequential, exemplary, special, incidental, or punitive damages, including, without limitation, loss of use or lost business, revenue, profits, or goodwill, arising in connection with the Service Data, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if WINDCRANE knew or should have known of the possibility of such damages.

 

11. Limitation of Liability

 

The content of the Website and the Services is for your general information and use only. It is subject to change without notice. Neither WINDCRANE nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website and the Services for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and WINDCRANE expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

To the fullest extent permitted by applicable law, in no event will WINDCRANE, its affiliates, founders, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages, including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity, however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitation and exclusion of this section may not apply to you.

By using the Website and the Services, you acknowledge that WINDCRANE may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of such third-party suppliers may be outside of WINDCRANE control. To the maximum extent permitted by law, WINDCRANE excludes any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.

 

12. Indemnification

 

You agree to indemnify and hold WINDCRANE and its affiliates, founders, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Website, the Services, or any wilful misconduct on your part.

 

13. Intellectual Property

 

The Website and the Services contain materials which are owned by or licensed to WINDCRANE, including, but not limited to, the texts, images, logos, photos, designs, layout, look, appearance, graphics, trademarks, service marks, software, and source code (the “WINDCRANE Property”). Except for material in the public domain under UK copyright law, the WINDCRANE Property is protected by UK and foreign copyright laws. Except as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any WINDCRANE Property without the prior consent of WINDCRANE.

These Terms do not transfer to you any intellectual property owned by WINDCRANE or third parties, and all rights, titles, and interests in and to such property will remain solely with WINDCRANE or respective third-party proprietors.

You may not use the WINDCRANE brand, the word or figurative trademarks associated with the Website and the Services or third-party trademarks without a prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that WINDCRANE sponsors, endorses, or associates with you without obtaining prior written consent from WINDCRANE. All trademarks which are not the property of, or licensed to, WINDCRANE are acknowledged.

If you have any grounds to believe that any content made available through the Website or the Services violates your or third party’s intellectual property rights, please contact WINDCRANE and express your concerns or request to remove the allegedly infringing content. Before sending your claim to WINDCRANE, please make sure that you sign it and include information that would allow WINDCRANE to locate the allegedly infringing content.

 

14. Your Content

 

By submitting any content through the Website or the Services (“Your Content”), you grant WINDCRANE unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce Your Content for the purposes of carrying WINDCRANE legitimate business interests.

You agree not to submit Your Content that violates these Terms or any applicable laws, including intellectual property rights of others.

You understand and agree that, in order to ensure the security of the Website the Services, WINDCRANE may, but has no obligation to, monitor or review Your Content. WINDCRANE reserves the right, at its sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms or may harm the reputation of the Website and the Services. However, you remain solely responsible for Your Content.

You are not allowed to make publicly available personal data of persons who have not provided you with their prior authorisation or consent to share that personal data (e.g., you cannot publish name and contact details of a person who has not allowed you to do so) through Your Content.

Your Content includes your personal views and recommendations. Your Content does not reflect WINDCRANE views, recommendations, endorsement, or any commitments related thereto.

 

15. Availability

 

The Website and the Services are available at all times, unless the availability of the Website or the Services is impaired due to the scheduled or unscheduled maintenance, or force majeure events. The availability of the Website and the Services may be affected by factors, which WINDCRANE cannot reasonably control, such as bandwidth problems, equipment failure, or force majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply; and breakdowns. We take no responsibility for the unavailability of the Website or the Services caused by such factors. If you encounter problems while using the Website or the Services, please contact us immediately.

WINDCRANE reserves the right, at its sole discretion, to change, modify, suspend, or discontinue any aspect of the Website or the Services at any time, including their technical features, content, databases, availability, and specifications of the required equipment.

 

16. Third-Party Links

 

From time to time, the Website and the Services may include links to other websites owned and operated by third parties. These links are provided for your convenience to provide further information. They do not signify that WINDCRANE endorses the third-party website(s). WINDCRANE has no responsibility for the content of the linked website(s) and WINDCRANE is not responsible or liable in any manner for the security and privacy practices deployed by those third parties. Please exercise your due diligence before clicking on any third-party links.

 

17. Prohibited

 

Use None of the materials available on the Website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of WINDCRANE. Any violation of this provision may result in severe civil and criminal penalties. You are further not permitted to use the Website and the Services in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive): Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations; Fraud; Provision of false, inaccurate, or misleading information; Sharing content that depicts or incites others to commit acts of violence or may result in injuries, physical harm, and emotional distress; Spreading malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging; Spreading ethnically, racially, or otherwise objectionable information; Sharing sexually explicit, nude, libellous, harassing, violent, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content; Advertising or encouraging the use of tobacco, alcohol, and any illegal substances; Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening the Website or the Services; Interfering with or abusing other users of the Website or the Services; Using bots, scripts, and other automated methods; and Collecting and disclosing any information about the users of the Website or the Services. If you think that some of the content available through the Website or the Services is inappropriate, infringes these Terms, applicable laws, or your right to privacy, please contact WINDCRANE immediately by email at info@windcrane.com.

 

18. Governing law and disputes

 

These Terms shall be governed and construed in accordance with the laws of Scotland, without regard to its conflicts of law provisions. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with WINDCRANE. If the dispute cannot be resolved by means of negotiation, the courts located in Scotland shall have the jurisdiction. This section does not affect any statutory rights that you may be entitled to as a consumer.

 

19. Severability

 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

 

20. Changes ​​​​​​​

 

WINDCRANE reserves the right to make changes to these Terms by posting the changed Terms on the Website. Your continued use of the Website or the Services after the date of amendment constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms made by WINDCRANE.

 

21. Contact

 

For any questions, suggestions, or concerns about these Terms or your use of the Website or the Services, please contact us:

Email: info@windcrane.com

Contact form: https://www.windcrane.com/contact-us

Postal address for communication: Logic Energy Ltd, PO Box 26237, Kilmarnock, KA1 9GE, UK

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