Standard Terms and Conditions of Supply of Meteorological Service of New Zealand Limited ("MetService")
1. Definitions
In this agreement, unless the context requires otherwise, the following
expressions have the following meanings:
a. You, Your and User: means the
person, authorised or unauthorised, using the Web Site to access the
Service.
b. Effective Date: means the first date on which you use the Web
Site.
c. Information: means meteorological and other information, including
the format of the meteorological information, published by the Meteorological
Service of New Zealand Limited ("MetService") on the Web Site from time to
time.
d. Intellectual Property: means any materials, which are the subject of
patent, copyright, trademark, or design rights.
e. Service: means the
provisions of the Information on the Web Site to you.
f. Web Site: means the
World Wide Web Site on the Internet established by MetService that displays the
Information and which can be accessed through use of appropriate communications
facilities.
2. Service
a. MetService will provide the Service to You upon the terms and conditions
contained in this Agreement.
b. Although MetService will use reasonable
endeavours to ensure the Service is available at all times, MetService does not
warrant that access to the Information will be uninterrupted or error free.
MetService will not be liable for damages should the Site or Service become
unavailable or delayed, or should access to the Site or Service become impeded
or impaired for any reason.
c. While MetService will use reasonable
endeavours to obtain and supply accurate Information, You acknowledge that
MetService shall not be responsible (whether in negligence, contract or
otherwise) for errors or omissions in the Information.
d. You shall indemnify
MetService against any claims and expenses, including by third parties, and
further including reasonable legal fees on a client/ solicitor basis, arising
from any and all use of the Service.
e. MetService reserves the right to
change, modify, suspend or discontinue any or all parts of this Web Site or the
Service at any time. MetService reserves the right to restrict Your access to
parts or all of the Service without notice or liability.
f. You acknowledge
that the Information contained on the Web Site cannot be captured and retained
for later access.
3. Changes to the Terms and Conditions of Use
MetService may add to, remove or change the provisions of this agreement
from time to time. All additions and changes may be notified to You by being
posted on this Web Site. It is Your responsibility as a user to refer to these
additions and changes. They will come into effect immediately on being posted
and You will be deemed to have accepted them if you access the Service after the
time of posting.
4. Protected Rights
Materials contained on this Web Site are protected under copyright and
other laws of New Zealand, and, under similar laws abr/oad. Unless otherwise
stated, copyright and other intellectual property rights in all material
published on the Web Site or made available through the Service, including, but
not limited to, the textual material, artwork, photographs, computer software,
audio and visual elements, are owned by MetService or its licensors.
You
agree not to remove, cover, overlay, obscure or change any copyright notices,
legends, or terms of use which MetService may post on the Web Site. The name and
logo of MetService is
a registered trademark. You must not use or reproduce or allow
anyone to use or reproduce this trademark for any reason without our
express written permission. The software which operates the Web Site is
proprietary software. You must not use it except as expressly allowed under the
terms of this agreement. Any other use or purported licensing, modification,
enhancement or interference is strictly prohibited.
5. Liability
Except to the extent that the law prohibits exclusion of liability by
MetService, MetService shall not be liable to You for any loss, damage or
expense (whether direct, indirect or consequential) incurred by You or any third
party through the acts or omissions of MetService its employees or agents or
through incomplete, unavailable or erroneous Information. To the full extent
permissible by New Zealand law, MetService disclaims all responsibility for
damages or losses (including, without limitation, financial loss, damages for
loss of revenue, loss of profits or savings, indirect or consequential losses)
arising in contract, tort (including negligence) or otherwise from Your use of,
or inability to use, the Web Site, including the Service, or any material
appearing on the Site, or from any action or decision taken as a result of using
the Web Site, including the Service, or any such material.
Material
appearing on the Web Site may include advertising and other material submitted
by parties other than MetService and the Web Site may provide links to other
sites operated by advertisers and third parties. Those parties (and not
MetService) are responsible for ensuring that such material and such sites
comply with all relevant laws and regulations. To the full extent permissible by
New Zealand law, MetService disclaims all responsibility for any error, omission
or inaccuracy in such material or its failure to comply with the relevant laws
or regulations.
Subject to clause 8b, in cases where the law avoids or
prohibits provisions which exclude liability, the liability of MetService shall
not exceed the charge paid by You for the Information contained in the Service
that is the subject to the claim.
6. Compliance
a. You agree to comply with all operating procedures, instruction or
acceptable use policies notified by MetService from time to time.
b.
MetService reserves the right to conduct data capture on the Web Site for the
purpose of gathering statistics, monitoring usage, investigating possible
br/eaches of security, and for sending information to You relating to MetService
and the services provided by MetService and You agree that MetService may
collect such information.
c. You have the right to see personal information
that MetService holds about You and ask for any of those details that are
inaccurate to be corrected. Information obtained by such monitoring will not be
used or disclosed by MetService except for the purposes set out above, or
otherwise as permitted by law.
d. In addition, our agents and other persons
involved in supplying the Information, have the right and responsibility to
collect, store and use information passing between MetService and You and, where
relevant, banks. By using this Web Site, you are consenting to such use by such
persons.
7. Termination
a. In the event that You commit any br/each of this Agreement MetService may
terminate the Service immediately without notice and without prejudice to other
rights and remedies available to MetService.
b. Upon termination You shall
immediately cease to use the Service and shall not attempt to gain further
access to the Web Site or the Information.
8. Consumer Guarantees Act
a. You acknowledge that if the supply of the Service is for business
purposes in terms of the Consumer Guarantees Act 1993, the guarantees provided
by that Act shall not apply to the service.
b. Where the supply of the
Services is not a supply for business then any terms and conditions contained
herein which reduce, limit or are contrary to the guarantees and remedies
contained in that Act shall be deemed to be omitted from these terms for the
purposes of the Act. In such situations the warranties and guarantees set out in
this Agreement are in addition to the rights and remedies of the Customer under
the Consumer Guarantees Act 1993.
9. Interpretation
a. Headings are inserted for convenience and shall not affect the
construction for this agreement.
b. The singular includes the plural and vice
versa. This Agreement shall be governed and construed by the laws of New Zealand
and
c. You accept that any dispute will be dealt with under the laws of New
Zealand and through the New Zealand courts.
10. Severability
If at any time any provision of these terms is or becomes illegal, invalid
or unenforceable in any respect under the law of New Zealand, neither the legal
validity or enforceability of the remaining intent that these terms shall be
construed as if the relevant provision or part had been deleted.
11. Entire Agreement
The terms and conditions of these terms extinguish the terms of any prior
agreements, understandings, representations or warranties previously
communicated by MetService in respect of the Service.