Terms and Conditions
oneDOMUS, established in Arnhem, the Netherlands, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 52142183.
Version 1.1
This is a translation of the Dutch original. In the event of any discrepancy between this translation and the Dutch version, the Dutch version prevails.
Article 1 – Definitions
1.1 oneDOMUS: the provider of the Service, as described above.
1.2 Service: the paid weather information service offered via weerbericht.onedomus.nl, including weather forecasts, current weather data and related information.
1.3 User: any natural person or legal entity that subscribes to or uses the Service.
1.4 Consumer: a User who is a natural person and is not acting in the course of a profession or business.
1.5 Business User: a User who is not a Consumer.
1.6 Subscription: the agreement between oneDOMUS and the User for access to the Service for a fixed or indefinite period.
1.7 Weather Data: the weather data and forecasts shown through the Service, which are partly obtained from external suppliers (including OpenWeatherMap).
Article 2 – Applicability
2.1 These terms apply to every use of the Service and to all Subscriptions between oneDOMUS and the User.
2.2 Deviations are valid only if agreed in writing. Any purchasing or other terms of a Business User are expressly rejected.
2.3 If any provision is void or voidable, the remaining provisions remain in force. oneDOMUS will then replace the relevant provision with a valid provision that stays as close as possible to its intent.
Article 3 – The Service and the nature of the Weather Data
3.1 The Service provides weather forecasts and weather data for general information purposes. Weather forecasts are by their nature uncertain and indicative.
3.2 oneDOMUS gives no guarantee whatsoever as to the accuracy, completeness or timeliness of the Weather Data. No rights can be derived from the Weather Data.
3.3 The User shall not make decisions with (financial, safety-related or operational) consequences solely on the basis of the Service. The Service is not intended for situations in which incorrect or incomplete weather information may lead to damage or danger.
3.4 Part of the Weather Data originates from external suppliers. oneDOMUS has no influence over the accuracy and availability of these sources and is not responsible for them.
Article 4 – Formation of the Subscription
4.1 A Subscription is formed at the moment the User completes the ordering process, accepts these terms, and oneDOMUS confirms the order.
4.2 The User is responsible for the accuracy of the details provided.
Article 5 – Prices and payment
5.1 The current prices and subscription types are listed on weerbericht.onedomus.nl. For Consumers the prices stated include VAT; for Business Users they exclude VAT, unless stated otherwise.
5.2 Payment is made in advance on an annual basis via iDEAL (Wero). oneDOMUS may offer additional or alternative payment methods.
5.3 oneDOMUS may change its prices. A price change is announced at least 30 days in advance. If oneDOMUS increases the price within three months of the Subscription being concluded, the Consumer may dissolve the Subscription. In the event of a later price increase, the Consumer may cancel with effect from the date on which the change takes effect.
5.4 In the event of late payment, access to the Service may be suspended. For Business Users, statutory commercial interest and extrajudicial collection costs are due in the event of default.
Article 6 – Duration, renewal and termination
6.1 The Subscription is entered into for the chosen period (fixed term) and is not renewed automatically.
6.2 The Subscription ends automatically at the end of the chosen period. No cancellation is required for this.
6.3 Prior to the end of the period, the User receives a reminder with the option to renew the Subscription themselves. If the User does not choose to renew, access to the Service ends at the close of the current period.
6.4 A renewal is formed when the User actively renews the Subscription and pays the amount due. These terms apply again to a renewal, in the version in force at that time.
Article 7 – Right of withdrawal for Consumers
7.1 The Consumer has the right to dissolve the Subscription within 14 days of concluding it, without giving reasons (cooling-off period).
7.2 If the Consumer wishes the Service to start during the cooling-off period, they expressly consent to this and acknowledge that the right of withdrawal lapses once oneDOMUS has fully performed the Service.
7.3 If the Consumer withdraws from a Subscription that has already started within the cooling-off period, they owe an amount proportionate to the part of the Service delivered up to that point.
7.4 To withdraw, the Consumer clearly informs oneDOMUS that they are cancelling the Subscription, for example by email to contact@onedomus.nl. A clear notification is sufficient; no particular form is required. The Consumer may also use the model withdrawal form.
Article 8 – Availability and maintenance
8.1 oneDOMUS makes every effort to keep the Service available but does not guarantee uninterrupted availability.
8.2 oneDOMUS may temporarily take the Service out of use for maintenance, adjustments or improvements. Where reasonably possible, oneDOMUS announces planned maintenance in advance.
8.3 Malfunctions or unavailability resulting from external suppliers, hosting or internet connections fall outside the sphere of influence of oneDOMUS.
Article 9 – Liability
9.1 oneDOMUS is not liable for damage arising from the use of, or reliance on, the Weather Data or the Service, except in the case of intent or deliberate recklessness on the part of oneDOMUS.
9.2 Insofar as oneDOMUS is nevertheless liable towards a Business User, this liability is limited to the amount the User paid for the Service in the twelve months preceding the damage, and in any event to the amount paid out by the insurer of oneDOMUS.
9.3 oneDOMUS is never liable for indirect damage, including consequential damage, lost savings, lost turnover and damage due to business interruption.
9.4 The statutory rights of the Consumer are not limited by this article. Towards Consumers, the limitation of liability applies only to the extent permitted by law.
Article 10 – Intellectual property and use of Weather Data
10.1 All intellectual property rights in the Service and its design rest with oneDOMUS or its licensors.
10.2 The Weather Data is partly obtained from external suppliers (including OpenWeatherMap) and is provided under the licence terms of those suppliers. Where required, the source is credited.
10.3 The User is not permitted to copy, systematically retrieve (for example through scraping or automated querying), resell or otherwise make public the Weather Data or parts of the Service without the prior written permission of oneDOMUS.
10.4 The User receives a non-exclusive, non-transferable right to use the Service for the duration of the Subscription.
Article 11 – Personal data
11.1 oneDOMUS processes personal data in accordance with the GDPR. How this is done is set out in the privacy statement at https://onedomus.nl/privacy.
11.2 These terms do not constitute a privacy statement or a data processing agreement.
Article 12 – Changes to the Service and the terms
12.1 oneDOMUS may change the Service and these terms. Changes are announced at least 30 days in advance.
12.2 If a Consumer does not agree with a change that is to their disadvantage, they may cancel the Subscription with effect from the date on which the change takes effect.
Article 13 – Force majeure
13.1 oneDOMUS is not obliged to perform if prevented from doing so by force majeure, including malfunctions at external suppliers, hosting, telecommunications and internet, as well as failure of the data sources for the Weather Data.
Article 14 – Applicable law and disputes
14.1 These terms and the Service are governed by Dutch law.
14.2 Disputes are submitted to the competent court in the district where oneDOMUS is established. Consumers may, within one month after oneDOMUS invokes this provision, opt for the court that has jurisdiction under the law.