MetPhone and MetSMS Terms and Conditions

You acknowledge and agree that all copyright and other intellectual property rights that may subsist in the Forecasts (including, without limitation, all data, images, audio, video, and other content provided as part of the Forecasts) shall remain the sole property of MetService or its licensors. You must not copy, adapt, sell, resell, commercially exploit, on-supply or disseminate the Forecasts (in any form whatsoever) except where you have obtained the prior written consent of MetService in each instance.

Where you (negligently or otherwise) provide MetService with incorrect or inadequate information, or for whatever reason, transmission of the Services is either not made or is not comprehensible to you, you shall pay for such provision of Services if your telephone service provider (or MetService's telecommunications supplier) charges you for such Services.

1.

Definitions

1.1

The following terms shall (unless the context otherwise requires) have the following meanings:
"Conditions" means these terms and conditions.
"Forecast" means meteorological, hydrological, oceanographic, and environmental forecasts and other forecasts, measurements, and information provided as part of the Services.
"MetPhone" means MetService's 0900 phone service for the provision of forecasts.
"MetService" means Meteorological Service of New Zealand Limited.
"Local weather" means MetService's text messaging service for the provision of forecasts.
"TXT4SNOW" means MetService's text messaging service for the provision of snow reports and forecasts.
"Services" means the provision of Forecasts by way of MetPhone or MetSMS.
"you", "your" means the person or organisation purchasing the Services from MetService.

2.

Applicability

2.1

MetService agrees to supply, and you agree to purchase, the Services subject to these Conditions. By requesting or obtaining the Services, you acknowledge and agree that you have read, understand, and agree to be bound by, these Conditions. If you do not understand and agree to be bound by these Conditions, you must not access or obtain the Services. Subject to clauses 2.2, 2.3, and 2.5, these Conditions shall not be deemed or construed to be modified, cancelled or waived in whole or in part except by written notice from MetService.

2.2

You recognise that MetService, and the Services, may be subject to terms and conditions and codes of practice of MetService's telecommunications suppliers ("Supplier Agreements") and, accordingly, to the extent that there is any inconsistency between these Conditions and any Supplier Agreement, the Supplier Agreement shall prevail.

2.3

These Conditions are subject to any additional terms and conditions that are notified to you by MetService (either verbally or electronically) when you request or obtain any Services (the "Additional Conditions"). To the extent that there is any inconsistency between these Conditions and the terms expressed in the Additional Conditions, the Additional Conditions shall prevail.

2.4

These Conditions will come into force:
a. in the case of MetPhone, when you call the MetPhone 0900 number and the Forecast begins playing; or

b. in the case of MetSMS:

i. when MetService sends you a text message requesting that you read these Conditions and reply if you agree to be bound by them, and you reply to that text message to indicate your acceptance of these Conditions; or

ii. in any event, when MetService sends you a Forecast via the MetSMS service in response to your request for a Forecast by web or SMS registration.

2.5

MetService may amend these Conditions from time to time without written notice. Such amendments shall be effective immediately upon publication at http://www.metservice.com/public/sms/metphone-metsms-tandc.thml. By continuing to access or obtain the Services after such publication, you agree to be bound by these Conditions as amended.

3.

Ownership and restrictions

3.1

3.

Payment

4.1

The Services are provided by MetService. The following charges apply to the Services:

a. MetPhone: Telephone calls to the designated MetPhone 0900 number cost $1.30 inclusive of GST plus any applicable mobile call rates.

b. 'Local weather' instant request texts cost 99c per report.

c. TXT4SNOW: 'DAILY' texts cost 50c per report. 'ALERT' and 'TODAY' and 'FCAST' and 'instant request' texts cost 99c per report.

d. Registration text is free. Error messages are free. There will be a limit of three error messages sent.

e. When an individual report exceeds 160 characters a second text with the rest of the report will be sent free.

f. Additional charges: An additional charge may apply if MetService is requested to send Forecasts, or other information, to you by facsimile or other means.

4.2

You agree that your phone account will be charged, in accordance with clause 4.1, for all Forecasts, content, subscription services, and other information requested by you (either by MetPhone or MetSMS). You agree to promptly pay all applicable charges for the Services.

4.3

MetService is not responsible for, and has no liability in respect of, unauthorised telephone usage. If you are less than eighteen (18) years old, you must obtain the consent of your parent or guardian before requesting the Services.

5.

Delivery

5.1

MetService shall be entitled to cancel or suspend delivery of the Services in the event of any delay or non-performance due directly or indirectly to wars, strikes, lock-outs, delays, technical problems, network maintenance, acts of God or any other cause (whether similar or dissimilar) beyond the reasonable control of MetService. You shall have no claims whatsoever against MetService in consequence of any such cancellation or suspension.

5.2
5.3

The Services are not available internationally.

5.4

The Services are only available between the hours nominated by MetService from time to time. MetService shall not be responsible for any loss suffered by you as a result of the Services not being available.

6.

Suspension, termination and cancellation

6.1

MetService reserves the right, at any time and without notice, to suspend or terminate the provision of the Services to you in the event of any suspected or actual breach by you of these Conditions. You shall promptly pay all applicable charges for the Services incurred up until such suspension or termination.

6.2

In the case of MetSMS, you may cancel a MetSMS subscription by texting STOP to 8881 to cancel subscriptions to Snow forecasts OR STOP to 8885 to cancel subscriptions to Local Weather forecasts.

7.

Consumer Guarantees Act

7.1

You acknowledge that, if any goods or services supplied under these Conditions are acquired for business purposes in the terms of sections 2 and 43 of the Consumers Guarantees Act 1993 (the "Act"), the provisions of the Act shall not apply to the supply of such goods and services.

7.2

In respect of any goods or services supplied under these Conditions that are not acquired for business purposes in terms of the Act, any terms and conditions contained in these Conditions which reduce, limit, or are contrary to, the guarantees and remedies contained in the Act shall be deemed to be deleted and omitted from these Conditions for the purposes of the Act. In such situations the warranties and guarantees set out in these Conditions in respect of those goods and services are in addition to the rights and remedies available under the Act.

8.

Exclusions and liability

8.1

You acknowledge the uncertainty inherent in the Forecasts and agrees that MetService shall not be liable for any direct or consequential loss, damage, or expense incurred by you or a third party as a result of the Forecasts (or any other part of the Services) being or purportedly being wholly or partially incorrect, whether through the negligence or otherwise of MetService or its employees or agents or for any other reason. As a further consequence of the uncertainty inherent in the Forecasts, you acknowledge and agree that, to the maximum extent permitted by law, no claim can be made against MetService even though MetService may have a higher duty to you because MetService may have become aware of the purpose for which you are using the Services. You indemnify MetService from and against any claim, loss, damage, expense, or cost suffered or incurred by MetService as a result of the provision of Services to you (including as a result of your breach of clause 3.1).

8.2

The Services and the Forecasts are provided on an "as is" basis and all conditions and warranties expressed or implied by statute, common law, equity, trade custom or usage, or otherwise, are hereby expressly excluded to the maximum extent permitted by law. The liability of MetService for a breach of condition or warranty that cannot be excluded is limited at MetService's option to MetService supplying the Services in question again or paying the cost of having the services supplied again.

8.3

If, notwithstanding the exclusions and liability limitations in these Conditions, MetService is held or found to be liable to you for any matter relating to or arising in connection with these Conditions, whether arising in contract, negligence, or otherwise, the amount of damages recoverable against MetService for all events, acts or omissions will not exceed in aggregate the amount paid or payable by you to MetService for the relevant Services or Forecasts to which the liability relates.

8.4

MetService shall not be liable for any loss of income, profits, savings, or for any indirect, incidental, consequential or punitive damages of any party, including third parties.

9.

Personal information

9.1

Any of your personal information that you provide to MetService may be used to:

a. provide you with any Services requested;

b. send you bills and carry out credit checks;

c. inform you of other services and promotional activities with which MetService is involved; and

d. where you request seasonal Forecasts and/or Observations (for example, snow reports), to notify you when those Forecasts become available again in the next season.

9.2

All personal information relating to you will be held by MetService in Wellington. You are entitled to request access to any of your personal information held by MetService and (where necessary) to seek correction of any such information, by contacting the MetService Market Manager - Business and Consumer at. service@metservice.com.

9.3

By requesting or obtaining the Services, you consent to MetService using your personal information for the purposes set out in clause 9.1. At your request, MetService will not use any of your personal information for any purpose other than providing the Services actually requested by you.

10.

Assignment

10.1

You must not assign your rights or obligations under these Conditions, except with MetService's prior consent in writing. MetService may, at its option, assign its rights or obligations under these Conditions to a related company (as that term is defined in the Companies Act 1993) without obtaining your consent.

11.

General

11.1

Headings are inserted for convenience and shall not affect the construction of these Conditions. The singular includes the plural and vice versa. These Conditions shall be governed and construed by the laws of New Zealand and you agree that any dispute in relation to the Services or these Conditions will be dealt with under the laws of New Zealand and through the New Zealand courts.

11.2

If at any time any provision of these Conditions is or becomes illegal, invalid or unenforceable in any respect under the laws of New Zealand, neither the legal validity nor enforceability of the remaining provisions shall in any way be affected or impaired thereby to the intent that these Conditions shall be construed as if the provision or part thereof in question had been deleted.

11.3

These Conditions extinguish the terms of any prior agreements, understandings, representations or warranties previously communicated by MetService in respect of the Services.

11.4

Any ideas or comments regarding the Services can be sent to: "MetPhone/MetSMS Suggestion", facsimile (04) 473 5231. Copies of these Conditions are available (at no cost) by calling 0800 932 843.