Terms & Conditions

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.