WeatherCAN: terms of use for iOS devices

Background

Environment and Climate Change Canada’s (ECCC) WeatherCAN App (“the App”) makes ECCC forecasts and alerts available on mobile devices through real-time weather data, forecasts and push notifications (such as weather alerts, watches and warnings), making our weather information more accessible to Canadians.

Although ECCC makes efforts to update forecasts and alerts throughout the day, 7 days a week, weather conditions in your location may differ from information available to ECCC.

ECCC meteorologists produce severe weather warnings and forecasts for Canadians 24/7. All forecasts and warnings are produced with the aid of technology including:

• computer models
• weather satellites
• Doppler radar
• ground weather stations including weather buoys
• weather balloon data
• lightning detection network

Acceptance of agreement

By using the App, you are agreeing to these terms of use (“Terms of Use”), as well as the Terms and conditions included in this link. These Terms of Use are a legal agreement between you and ECCC only and not Apple Inc. (Apple). The Terms of Use shall apply as long as you use the App and should be read carefully as they govern your use of the App and the relationship between you and ECCC. ECCC is solely responsible for the App and its content. You also acknowledge and agree that upon acceptance of these Terms of Use (through your use of the App), Apple and its subsidiaries and affiliates have the right to enforce them against you as third party beneficiaries. If you do not agree with ECCC’s Terms of Use, do not use this App.

Parental consent

You represent and warrant that you are of the legal age of majority in the jurisdiction of your residence, and that you have the right and authority to enter into this licence agreement. If you are under the age of majority, your parent or guardian must agree to these Terms of Use for your download and use of this App.

No warranties

The App and its contents are licensed on a “as is” and “as available basis”. To the maximum extent permitted by law, ECCC expressly disclaims all representations, warranties, obligations and conditions, whether express, implied or statutory, including implied warranties and implied conditions of merchantability, fitness for a particular purpose, and non-infringement.

Disclaimer

You acknowledge that alerts and forecasts provided by this App are provided to you as a resource for information only. While ECCC will make reasonable efforts to maintain up to date weather information on this App, you understand that the weather can change very quickly, and ECCC cannot guarantee that any information on its App, its servers or its affiliated websites and servers is accurate and up to date. In addition, the alerts and forecasts are generated based on the location information that you input into the App and if you input incorrect location information, or if your device or the App malfunctions, you may receive weather information that is not accurate for your location. You must exercise your judgement and carefully evaluate the content as ECCC will not be responsible for the consequences of any decisions or actions you take based on information provided in, or omitted from, any App content.

To the maximum extent permitted by law, ECCC expressly disclaims any liability for errors and omissions in the App’s content or for any losses that might result from your use of the App. In addition, neither ECCC nor Apple warrants that access to the App will be uninterrupted or error-free and neither will be responsible for your inability to use the App or for any malfunctions. To the maximum extent permitted by law, you understand and expressly agree that ECCC, its licensors, and Apple will not be liable to you under any theory of liability, whether based on breach of contract or tort (including negligence), product liability or otherwise. This disclaimer extends to any direct, indirect, incidental, special, consequential or exemplary damages that may be incurred by you, including loss of data, whether or not ECCC or its representatives have been advised or should have been aware of the possibility of those damages arising.

No Apple liability

Apple shall not be responsible for any claims by you or any third party relating to your possession and/or use of this App, including but not limited to (i) product liability claims; (ii) any claim that this App fails to conform to any applicable legal or regulatory requirement or (iii) claims arising under consumer protection, privacy or similar legislation. In the event of a third party claim that this App or your possession and/or use of this App infringes that third party’s intellectual property rights, ECCC and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

Indemnity

You hereby indemnify and hold harmless Her Majesty the Queen in Right of Canada, ECCC and their officers, employees, agents and contractors, from (and at ECCC’s request defend), any and all losses, liabilities, damages, costs or expenses (including reasonable attorney’s fees) arising out of any claim, action, or proceeding in any way connected to: (i) your use of the App; or your violation of (ii) these Terms of Use or (iii) any third party right.

Restrictions

You shall use this App strictly in accordance with these Terms of Use. You shall not (i) decompile, reverse engineer, disassemble, or attempt to derive the source code from the App; (ii) remove, alter or obscure any proprietary notice (including any notice of copyright or official mark) from any portion of the App; (iii) reproduce, modify, improve, enhance or make derivative works based upon the App (iv) distribute, license, lease, sell, resell, transfer, publicly display, transmit or otherwise exploit the App; (v) link to, mirror or frame any portion of the App; (vi) attempt to gain unauthorized access to, or impair any aspect of the App or its related systems or network; (vii) use the App for any illegal and unauthorized purpose, and agree to comply with all laws, rules and regulations applicable to your use of the App.

Privacy notice

All personal information created, held or collected via this App by ECCC is protected under the Privacy Act. This means that you will be informed of the purpose for which it is being collected and how to exercise your right of access to that information. The “Current location” function on this App enables the App to provide weather information based on the current GPS location of your mobile device. In order to allow this functionality, data will be transmitted to ECCC for the purposes of identifying the mobile device geolocation information. If you do not wish to allow your GPS information to be transmitted to ECCC, please do not accept the request to use your mobile device geolocation when first launching the App. If you do accept or no longer want to use the geolocation function of the App, please disable the geolocation function in your device settings. If you choose to disable this function, the “Current location” will no longer work and you will have to enter all location information when using the App.

By using this App, you consent to the App collecting the following information from the device you are using: the type of device you are using to access the App, information for use in the App, and your preferred language. This data is collected and used in the provision of weather data for your mobile device’s current location. The geolocation function in the App uses the GPS mapping function in your device to determine the location of your device and compare it against weather forecast regions. If you do not want to allow your GPS information to be transmitted to the App, please turn this feature off in your device settings.

If you choose to use the feedback form in the App, the following information is collected: device model, version of App in use and your email address, along with any information you choose to provide in the text input field. The information that you provide is collected in order to respond to your questions and comments. It is also protected under the Privacy Act.

Questions or comments regarding this privacy notice or the administration of the Privacy Act at ECCC may be directed to:

Director
Access to Information and Privacy
Telephone: 819-938-3580
Email: ec.renseignementspersonnels-privacy.ec@ca-ciconline.com

If you are not satisfied that we have adequately respected your privacy, you may wish to contact the Office of the Privacy Commissioner by calling their information center at 1-800-282-1376 or by visiting their contact page.

Modifications and access

ECCC reserves the right to modify, suspend your access to or discontinue the App and terminate these Terms of Use for any reason and at any time and without any notice or liability to you.

ECCC reserves the right to modify these Terms of Use in its sole discretion. ECCC will make reasonable efforts to notify you of such modifications. For example, ECCC may generate a pop-up or similar notifications (such as weather alerts, watches and warnings and App updates) when you access the App for the first time after such material changes are made. Your continued use of the App following such modifications constitutes your agreement to the new terms. ECCC recommends that you review the Terms of Use from time to time.

Software licence

ECCC grants you a revocable, non-transferable, non-exclusive and limited licence to install and use the App for your personal, non-commercial purposes. You may use this App on an iPhone, iPod Touch, iPad, or other Apple device that you own or control, and as permitted by the Apple Store Terms of Service (Usage Rules) and its Family Sharing program.

Use of content

You may copy the App’s content for your own personal use only. You may not alter the App or use it for commercial purposes. If you are interested in weather data for any other purpose, consult the Government of Canada’s open data portal.

Ownership

The App and all rights therein are and shall remain ECCC’s property or the property of ECCC’s licensors. Neither these Terms of Use nor your use of the App convey to you any rights: (i) in or related to the App except for the limited licence granted above or ii) to use or reference in any manner ECCC or its logos, product and service names, trademarks or service marks or those of ECCC’s licensors.

Maintenance and support

You and ECCC each acknowledge and agree that Apple will not provide any maintenance or support for the App. ECCC may provide periodic updates to the App which may include bug fixes and enhancements.

Forum and laws

These Terms of Use are governed by the laws in force in the province of Ontario and by the federal laws of Canada, as applicable. You agree that all actions or proceedings arising directly or indirectly out of these Terms of Use or your use of the App shall be litigated in the courts of Ontario or the Federal Court of Canada, located in Ontario, Canada.

U.S. legal compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated as a “terrorist supporting country” and ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third party terms of agreement

The App has the functionality to launch and/or interact with third party applications on your mobile device. Your use of such third party applications is subject to and must be in compliance with the respective terms and conditions of those applications.

Contact information

Should you have any questions, claims or functionality issues related to this App, please contact us.

National Inquiry Response Team
Meteorological Service of Canada, Environment and Climate Change Canada
351 St-Joseph Blvd
Room 7034
Gatineau QC  K1A 0H3

Telephone: 1-800-603-9059
Facsimile: 819-938-4449
Website: Contact Meteorological Service of Canada, Environment and Climate Change Canada