Terms & Conditions for use of MetService Web Site and Email Services
These terms and conditions govern all use of the Web Site, Services (as defined below) and Email Services. Your use of the Web Site, a Service or Email Service will be deemed to be acceptance of these terms and conditions by You. If You do not agree with these terms and conditions then You should cease using the Web Site, Services or Email Services. MetService may add to, remove or change the provisions of this agreement (or any additional terms and conditions relating to the Services) from time to time. All additions and changes may be notified to You by being posted on the Web Site, or in the case of Email, you will be emailed. 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 Web Site, Service or Email after the time of posting.
1.
Disclaimer
1.1
Access to, and the availability of, the Web Site, Services and the Email may be interrupted, restricted or delayed from time to time. MetService does not give any warranties of any kind, express or implied, in respect of the availability or performance of the Web Site, Services and Email.
1.2
As a user, You acknowledge the uncertainty inherent in weather forecasts. While MetService uses all reasonable endeavours to ensure the accuracy of the information on the Web Site and in Emails, the Information is provided “as is” without warranties of any kind, express or implied, including accuracy, completeness, correctness, timeliness or fitness for any particular purpose.
1.3
Although MetService uses reasonable endeavours to prevent the introduction of viruses or other destructive features to the Web Site, Services and Email, MetService does not guarantee or warrant that the Web Site, Services, Email or materials that may be available from the Web Site do not contain such destructive features. MetService will not be liable for any damages or harm attributable to such features. If You rely on the Service and any materials available through this Site or Email, you do so solely at your own risk..
1.4
Tide Disclaimer:
MetService
and LINZ accept no liability for any direct, indirect, consequential or
incidental damages that result from any errors in the tide information,
whether due to MetService, LINZ or a third party, or that arise from the use,
or misuse, of the tide information contained in this website. Tide data viewed
or downloaded from this web site is not equivalent to or a replacement for the
official tide data as specified in Maritime Rules Part 25 Nautical Charts and
Publications (pursuant to Section 36 of the Maritime Transport Act 1994).
2.
Prohibited Use
2.1
Subject to clause 2.2, the Information is provided for Your own personal use in accordance with this agreement. You must not re-supply all or part of such Information (whether for consideration or not) to any other person, or permit any other person to use any User Identification issued to You to gain unauthorised access to a Service or any Information. You may only make use of the Web Site, the Services, the Email and the Information for lawful purposes.
2.2
Any Information specifically identified as being funded by the New Zealand Government is intended for use by end-users and the media only. Weather information companies or individuals passing on Information funded by the New Zealand Government to their customers shall not alter the text of the Information, and shall acknowledge MetService as the supplier of that Information.
3.
Use of the Services
3.1
Where You register to use a Service, You undertake and warrant that:
a. the information You provide for the purpose of registering to use the
Service is true, current and complete; and
b. You will notify MetService promptly of any changes to Your contact details
or other information required by MetService as required to keep such
information true, current and complete.
3.2
You are responsible for all access to and use of a Service made using any User Identification issued to You, whether or not such access and use is authorised. You are responsible for protecting and securing Your User Identification from unauthorised use. If You believe that there has been or is likely to be unauthorised use of Your User Identification, You must notify MetService immediately by email to webmaster@metservice.com.
3.3
If you subscribe to weather warning emails, shortly after they are issued, MetService may send Weather Warning emails to the email address You nominated during the subscription process. You are entirely responsible for monitoring Your email account. MetService takes no responsibility for either non-delivery or delays in delivery of Weather Warning emails.
4.
Changes to the Web Site
4.1
MetService reserves the right to change, modify, suspend or discontinue any or all parts of the Web Site or any Service or Email at any time. MetService reserves the right to restrict Your access to parts or all of the Web Site, Services or the Email without notice or liability. MetService also reserves the right to charge new or additional fees for access to any materials appearing on the Web Site or as part of a Service by posting a notice on the Web Site, or in the case of Email, sending an email.
5.
Protected Rights
5.1
The Information and the Web Site are protected under Intellectual Property laws of New Zealand and similar laws abroad. Unless otherwise stated, Intellectual Property rights in all Information published on the Web Site or made available through a Service, including, but not limited to, the textual material, artwork, photographs, computer software and audio and visual elements, are owned by MetService or its licensors. You may only use the Information in the manner expressly permitted by this agreement. All other use, modification, alteration or enhancement is strictly prohibited.
5.2
Subject to clause 2.2, the Information is intended for the non-commercial use of end-users only. You may download and print a single copy of the Information that appears on the Web Site or Email. Should You download Information from the Web Site, You must retain all copyright and other proprietary notices as they appear in the original materials on any copy of the Information. Information may not be altered, publicly displayed, performed, distributed or re-supplied (whether for consideration or otherwise), or used for any public or commercial purposes without the prior written consent of MetService. You must not modify the content of the Information or present any modified content as official MetService material. You must not capture any Information and retain it for later access.
5.3
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 or Email. The name and logo of MetService are registered trademarks. You must not use or reproduce or allow anyone to use or reproduce these trademarks 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
6.
Liability
6.1
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 or the Services, or any material appearing on the Web Site or Email, or from any action or decision taken as a result of using the Web Site, the Services or Email or any such material.
6.2
Material appearing on the Web Site or Email may include advertising and other material submitted by parties other than MetService and the Web Site or Email 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.
6.3
Subject to clause 7.2, 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 that is the subject of the claim.
7.
Consumer Guarantees Act
7.1
You acknowledge that if the supply of any goods or service under this agreement is for business purposes in terms of the Consumer Guarantees Act 1993, the guarantees provided by that Act shall not apply to such goods or service.
7.2
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 the Consumer Guarantees 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.
8.
Charges
8.1
You agree to pay any applicable charges for any use of the Web Site or a Service at MetService’s current rates as notified from time to time by You on the Web Site. You will pay the charges through MetService’s nominated payment facility, as advised from time to time, and You agree that our nominated payment agent may use Your User Identification or other personal identification information about You for the purpose of advising MetService of Your payment of the charges.
8.2
Where required, You must pay the charges prior to accessing the relevant Service or Information.
9.
Termination
9.1
In the event that You commit any breach of this agreement or that MetService believes on reasonable grounds that You have breached this agreement, MetService may terminate Your access to the Web Site or any Service or Email immediately without notice and without prejudice to other rights and remedies available to MetService
9.2
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.
10.
Links and Advertising
10.1
Where the Web Site or Email contains links to other web sites, MetService does not accept any responsibility or liability in relation to any content on other web sites that are not under MetService’s direct control. In accordance with Internet protocol, MetService requires You to obtain MetService’s permission before establishing any link to the Web Site. If You wish to establish a link to the Web Site, You should e-mail Your request to the MetService Webmaster.
10.2
Responsibility for the content of any advertisements appearing on the Web Site or Email or the content of web sites linked to the Web Site or Email rests solely with the advertisers or proprietors of those web sites. The placement of advertisements and hyperlinks on the Web Site or Email does not constitute a recommendation or endorsement by MetService of the web sites or the advertisers’ products. Each advertiser is solely responsible for any information contained in its advertisement.
11.
Privacy
11.1
When You use a Service or register to use a service, MetService may obtain information about You. By submitting the information required for registration or using the Service You authorise MetService and its agents to collect that information about You and hold it at MetService’s head office. MetService will make use of this information for statistical analysis, to provide services to You, for marketing services and for research and development purposes. You may request access to and correction of any personal information MetService holds in relation to You. Such requests must be in writing and MetService may charge a fee for the reasonable costs incurred in responding to Your requests, provided that MetService discloses those costs to You before they are incurred.
11.2
MetService’s use of Your personal information is also subject to our Privacy and Security Policy.
12.
Definitions and Interpretation
12.1
In this agreement, unless the context requires otherwise, the following expressions have the following meanings:
a. You and Your: are references to a party that uses this Web Site or Email and includes any party to which MetService issues User Identification for the purpose of accessing and using the Services and every person, authorised or unauthorised, who accesses or uses the Services by using that User Identification.
b. Information: means the meteorological and other information, including the format of the information, published by the Meteorological Service of New Zealand Limited ("MetService") on the Web Site or Email or available through a Service from time to time.
d. Intellectual Property: means any patent, copyright, trademark, or design rights or any other intellectual property rights in any material.
e. Services: means the services made available to You by MetService via the Web Site including, without limitation, the MetConnect, MetNet and
MyWeather services.
f. Email or Email Services: means any Email service that can be subscribed to by a member of the public e.g. Weather Warnings, Powderwatch and Powder Alert snow emails. It means any commercial electronic message that markets goods, services, land or business opportunities.
g. User identification: means a unique username and password.
h. Web Site: means the Internet website established by MetService that displays the Information and which can be accessed through use of appropriate communications facilities at URL www.metservice.co.nz or www.metservice.com.
12.2
Headings are inserted for convenience and shall not affect the construction for this agreement.
12.3
The singular includes the plural and vice versa.
13.
Governing Law
13.1
This Agreement shall be governed and construed by the laws of New Zealand and You accept that any dispute will be dealt with under the laws of New Zealand and through the New Zealand courts.
14.
Severability
14.1
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.
15.
Entire Agreement
15.1
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.