Terms of Service
The binding contract for the website and the paid alerts subscription
Key Points
- • By signing up, paying or using the service you accept these Terms.
- • The alerts service is a paid, recurring subscription — see s.5.
- • You must be 18+ and have authority to enter this contract.
- • Where the Australian Consumer Law applies, your non-waivable guarantees are preserved.
- • Our liability is limited to the maximum extent permitted by law — see s.13.
- • Material changes will be notified at least 30 days in advance for paid Subscribers.
Effective Date: 26 August 2026 · Version: 2026-06-14
1. Acceptance and formation of the contract
These Terms of Service ("Terms") form a binding agreement between you ("you", "User", "Subscriber") and Tim's Severe Weather (ABN 44 002 468 286), trading as Tim's Severe Weather ("we", "us", "our"), the operator of Tim's Severe Weather Australia at https://timsweather.au.
You accept these Terms when you tick the Terms of Service checkbox on signup, at checkout, or by continuing to use the website or service after a material change. Your clickwrap acceptance is recorded with a timestamp, IP address and version number as evidence of informed consent.
If you do not accept these Terms (and the linked Disclaimer and Privacy Policy) you must not use the website or the alerts service.
2. Definitions
"Service" means the website at https://timsweather.au and all features, content and tools offered through it.
"Alerts Service" means the paid weather, fire, flood, cyclone, earthquake and related alerting subscription delivered by email, SMS and/or web push.
"Subscriber" means a user who has created an account and holds an active paid Plan.
"Free Tier" means any free, limited-feature version of the unauthenticated public website (e.g. browsing weather pages without an alerts subscription). The Alerts Service itself is paid only.
"Paid Plan" means a subscription plan with recurring fees set out on the pricing page.
"ACL" means the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
3. Eligibility
- You must be at least 18 years old and able to enter a binding contract under Australian law.
- Account information must be true, current and complete. You are responsible for keeping your contact endpoints (email, phone number, push subscription) up to date so alerts can reach you.
- Each account is for a single person or organisation. Do not share credentials.
- The Alerts Service is designed for Australia. We may decline service to users outside our supported coverage area.
4. Description of the Service
Tim's Severe Weather Australia provides weather information, forecasts, warnings, educational content and (optionally) a paid Alerts Service for locations in Australia. Features include but are not limited to: current observations, multi-day forecasts, severe weather and cyclone information, interactive maps, tide information, articles, the Weather Assistant chatbot, and the Alerts Service described in s.5.
We reserve the right to modify, suspend or discontinue any part of the Service at any time. Material changes affecting Paid Plans are handled per s.16.
5. Alerts Service — Subscription Terms
The Alerts Service is a paid, recurring subscription. No free trial is offered. Pricing, included features and the renewal cycle of each Plan are shown on the pricing page at the time of purchase and form part of these Terms once you complete checkout.
Billing & auto-renewal
Plans renew automatically at the end of each billing period at the then-current price unless cancelled. Payment is processed by Stripe.
No free trial
The Alerts Service is paid only. Your card is charged at checkout for the first billing period and again at each renewal until you cancel.
Price changes
We will give at least 30 days' notice by email of any price change. You may cancel before it takes effect at no extra cost.
Cancellation
Cancel anytime from your account. Cancellation takes effect at the end of the current paid period. We do not pro-rata refund the unused portion of a change-of-mind cancellation.
Refunds (ACL)
Where the Service fails a non-excludable consumer guarantee, you are entitled to the remedies the ACL provides. To the maximum extent permitted by law, for non-major failures our liability is limited to resupplying the service or refunding the price paid for the affected billing period, at our election.
Delivery is best-effort
Alerts are a supplementary convenience service. They are not life-safety infrastructure. Delivery is not guaranteed and may be delayed, throttled, blocked or missed — see Disclaimer s.14.
Your contact endpoints
You are responsible for keeping your email, phone number and push subscription current and reachable. Failed delivery to a stale or invalid endpoint is not a service failure.
SMS / reply costs
Replying STOP, HELP or START to SMS may incur premium-SMS charges from your carrier. Carrier message and data rates are your responsibility.
Account responsibility
You are responsible for all activity under your account, including any alerts delivered to the endpoints you configured.
Suspension for non-payment
If a renewal payment fails we will retry per Stripe's standard schedule. Persistent failure may lead to suspension or cancellation of the Alerts Service.
Australian Consumer Law statement. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
6. Account security
- Keep your password and OAuth credentials confidential.
- Notify us immediately at info@timsweather.au if you suspect unauthorised access.
- We may temporarily suspend an account exhibiting suspicious activity while we investigate.
7. Acceptable use and prohibited activities
As a user of the Service, you agree to:
- Use the Service only for lawful purposes and in accordance with these Terms.
- Not misuse, interfere with or disrupt the Service, our servers or any third-party network connected to the Service.
- Not attempt to gain unauthorised access to any part of the Service, other accounts or any related systems.
- Not use automated systems (bots, scrapers, headless browsers) to access or copy content without our written permission.
- Not reproduce, distribute, sell or commercially exploit content from the Service except as expressly permitted in s.8.
- Not transmit viruses, malware or other harmful code.
- Not impersonate any person or entity, or misrepresent your affiliation.
- Not use the Service to make life-safety decisions in place of official sources (BOM, SES, Triple Zero / 000).
We may suspend or terminate access for breach of these rules — see s.15.
8. Intellectual property and limited licence
Our content
Original content — software, text, branding, graphics, layouts and articles — is owned by us or our licensors and is protected by Australian and international copyright, trade-mark and database-rights law.
Third-party data
Weather, fire, flood, cyclone, earthquake and related data are sourced from third parties (Open-Meteo, BOM, JTWC, NOAA, USGS, Geoscience Australia, AccuWeather, WorldTides and others) and remain subject to their own licensing terms.
Limited licence to you
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for personal, non-commercial purposes only. You may not modify, copy, distribute, transmit, display, reproduce or create derivative works without our prior written consent.
9. Third-party services and links
The Service may contain links to third-party websites and embedded content. We are not responsible for:
- The content, accuracy or availability of external websites or embeds.
- Privacy practices or terms of any third-party service.
- Goods, services or claims made by external sites or advertisers.
- Any loss caused by your use of external links or content.
10. Advertising
The Service is partly supported by display advertising provided through Google AdSense and its certified partners. Ads are distinguishable from editorial content and are not endorsements. Clicking an ad takes you to a third-party site governed by its own terms. You can manage personalised-advertising consent at any time via Cookie Settings.
11. User-generated content and feedback
When you submit chatbot queries, support messages, feedback or any other content to the Service, you grant us a worldwide, royalty-free, perpetual, non-exclusive licence to use, store, reproduce, modify and create derivative works of that content for the purposes of operating, securing and improving the Service. You warrant that the content does not infringe the rights of any third party. We are not obligated to publish or retain any user submission.
12. Australian Consumer Law statement
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion. Nothing in these Terms excludes, restricts or modifies any non-excludable consumer guarantee.
13. Limitation of liability
To the maximum extent permitted by law, and subject to s.12 and the non-excludable rights it preserves:
- The Service is provided "as is" and "as available", without warranties of accuracy, completeness, timeliness, uninterrupted availability or fitness for a particular purpose.
- We will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, opportunity, data, goodwill or anticipated savings.
- We will not be liable for any loss caused by reliance on weather, fire, flood, cyclone, earthquake or related information from the Service for life-safety, evacuation, insurance, agricultural, aviation, marine, commercial or other decisions.
- Our total aggregate liability to a Subscriber under or in connection with these Terms in any 12-month period will not exceed the fees paid by that Subscriber to us in the prior 12 months. For Free-Tier and unauthenticated users the aggregate liability cap is AUD $100.
- Nothing in this clause limits liability for fraud, fraudulent misrepresentation, or for any liability that cannot be limited or excluded by Australian law (including personal injury or death caused by negligence to the extent the law forbids exclusion).
14. Indemnity
To the extent permitted by Australian law, you indemnify us and our directors, employees and contractors against any claim, loss, damage, cost or expense (including reasonable legal fees) arising out of:
- your breach of these Terms;
- your misuse of the Service or violation of any law;
- content you submit to the Service that infringes a third party's rights; or
- your decisions or actions taken based on information from the Service.
This indemnity does not apply to the extent the loss was caused by our negligence, wilful misconduct or breach of a non-excludable obligation.
15. Suspension and termination
- You may terminate at any time by cancelling your subscription and deleting your account.
- We may suspend or terminate your access immediately for material breach of these Terms, for security reasons, or where required by law.
- On termination, your right to use the Service ends. We will retain data only for the periods set out in the Privacy Policy.
- Clauses that by their nature should survive termination — including ss.8, 12, 13, 14, 17, 18 and 19 — will survive.
16. Changes to these Terms
We may update these Terms from time to time. Non-material changes (such as wording clarifications or contact-detail updates) take effect on posting. Material changes — including price changes, billing-cycle changes, or new restrictions that materially reduce the value of a Paid Plan — will be notified to active Subscribers by email at least 30 days in advance, and you may cancel before they take effect without penalty. Continued use after the effective date constitutes acceptance of the updated Terms.
17. Governing law and jurisdiction
These Terms are governed by the laws in force in Australia, including the laws of the Australian state or territory of your residence where relevant. Disputes are subject to the non-exclusive jurisdiction of the Australian courts in the state or territory most convenient to you.
Nothing in these Terms limits or excludes any non-waivable consumer or data-protection right that applies to you under the laws of your country of residence, including the EU GDPR, UK GDPR, UK Consumer Rights Act 2015, California CCPA/CPRA and similar US state privacy laws.
18. Dispute resolution
- Notice. Before commencing any formal proceeding, you must notify us at info@timsweather.au with a clear description of the dispute and the outcome you seek.
- Good-faith negotiation. The parties will negotiate in good faith for at least 30 days from the date of the notice to try to resolve the dispute.
- External resolution. If unresolved, either party may bring proceedings in a court of competent jurisdiction, or you may complain to the relevant state or territory Office of Fair Trading, the ACCC, or the OAIC for privacy-related complaints.
Nothing in this clause prevents you from seeking urgent injunctive or equitable relief at any time, or from exercising any non-excludable statutory right.
19. General — severability, assignment, notices, entire agreement
- Severability. If any clause of these Terms is held invalid or unenforceable, the remaining clauses continue in force.
- No waiver. Failure or delay by us to enforce any right is not a waiver of that right.
- Assignment. You may not assign these Terms without our written consent. We may assign these Terms to a successor or affiliate on notice to you.
- Notices. Notices to you may be given by email to the address on file or by posting on the website. Notices to us must be sent to info@timsweather.au.
- Entire agreement. These Terms (together with the Disclaimer, Privacy Policy, Cookie Policy and any plan-specific terms presented at checkout) constitute the entire agreement between you and us in relation to the Service and supersede prior arrangements.
- Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.
20. Contact
Tim's Severe Weather trading as Tim's Severe Weather
ABN 44 002 468 286
Email: info@timsweather.au
Website: https://timsweather.au
Binding contract
These Terms — together with the Disclaimer and Privacy Policy — form the contract between you and us.
Subscription terms
Clear billing, auto-renewal, cancellation and ACL-aligned refund rules in section 5.
Australian Consumer Law
Your non-waivable consumer guarantees are preserved. Our liability is capped only to the extent the law allows.