1.2. Including and similar words do not imply any limit.
1.3. The following phrases have the stated meaning:
a. Access Request means a written request from you to become a consumer of MetService’s API.
b. Approved Purpose means the purpose specified in your Access Request, which is approved by MetService in writing in the API Access Agreement. Where no purpose is set out in your Access Request, the purpose is your internal business purposes.
c. API Access Agreement means the API access terms as agreed in writing between you and MetService, setting out the terms on which MetService agrees to provide the API, in addition to these API T&Cs.
d. Application means the application for which you require API access.
e. Attribution means the following italicised text: this data was provided by MetService Limited.
f. Data means any information and/or content that is made available by MetService via the API and includes, where applicable, Open Access Data.
g. End-User means an end-user of your Application that accesses or makes use of the API or Data.
h. Fees means the fees as agreed between you and MetService as set out in the API Access Agreement.
i. Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law, or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
j. Permitted User means any of your personnel who have a need to know, or access Data through the API, who are authorised to access and use the API on your behalf in accordance with clause 2.3.
k. Personal Information has the definition given to it in the Privacy Act 1993.
l. Systems means network, operating system, and the software of your web servers, databases and computer systems.
m. We, us, our, or MetService means the Meteorological Service of New Zealand Limited.
n. You or your means you as the user of our API or, if applicable, both you and the other person, organisation or other entity on whose behalf you are acting.
2. API Use and Restrictions
2.1. You must register as a consumer of our API and at this time provide the necessary details and agree to receive occasional communication from us relating to the provision of the API and Data, including but not limited to security updates and notifications of outages. When you register, you must describe the purpose of your Application and intended use. If your application is approved by us, the purpose you provide will define your Application’s Approved Purpose.
2.2. If you are issued access to the API via bearer token or API key (Access Credentials), you are granted a revocable, non-exclusive, non-transferable licence to use the API solely for the Approved Purpose. You are responsible for the security and confidentiality of your Access Credentials. We may require you, at any time, to update or provide more information about the purpose of your Application.
2.3. Without limiting the remainder of this clause 2:
a. no individual other than a Permitted User may access or use the API;
b. you may authorise any member of your personnel to be a Permitted User, in which case you will provide us with the Permitted User’s name and other information that we may reasonably require in relation to the Permitted User;
c. you must procure each Permitted User’s compliance with the requirements set out under this clause 2 and any other reasonable condition notified by us to you;
d. a breach of any term or condition of these API T&Cs by your personnel (including, to avoid doubt, a Permitted User) is deemed to be a breach of the Agreement by you;
e. you acknowledge that you will ensure the compliance of Permitted Users who interact with or use the API or any Data on your behalf, and agree that your organisation will be responsible for the acts and omissions of Permitted Users who interact with or use any API or Data. References to “you” and “your” is a reference to both you in your personal capacity and to your organisation; and
f. You must notify us and revoke access to the API for a Permitted User when personnel change. If a Permitted User no longer has a need to know or access the Data through the API you must revoke their access immediately.
2.4. You must ensure your End-Users’ compliance with applicable law, regulations, and the API T&Cs.
2.5. You acknowledge that you obtain no right to the Data beyond that which is contemplated by these API T&Cs. If you create derivative information from the Data, you agree that the rights to such information will belong to MetService, unless otherwise agreed in writing.
2.6. When using our API you must follow security best practice for your Application and technologies, and be familiar with and take all reasonable steps to mitigate internet security risks. Examples of what we expect can be found in the OWASP Top 10.
2.7. Your use of the API must be fair, reasonable, and/or not excessive (as determined by MetService). MetService’s determination may include considering average or estimated typical usage of the API or unfair loading on MetService network or underlying system. Without limiting the remainder of this clause, you must comply with any call restriction set out in the API Access Agreement. The call restrictions are set and granted at our discretion, we may raise or lower the restriction limits at any time.
2.8. When you use and/or display the Data, you must include the relevant Attribution. The Attribution must be immediately above, below, or beside the Data in a font size no smaller than the Data. MetService grants to you a non-transferable, non-sublicenseable, non-exclusive, revocable, license while you use our API in accordance with the API T&Cs to display MetService brand features for the purpose of promoting or advertising that you use the API. You agree that we have sole discretion to determine whether your attribution(s) and use of MetService’s brand features are satisfactory.
2.9. In addition to providing appropriate Attribution in accordance with clause 2.8, you must not use or display the Data or make any statement regarding your use of an API:
a. in a way that:
i. states or implies partnership with or sponsorship by MetService, or that MetService endorses you, your business, or any product or service without our prior written consent; or
ii. is misleading or deceptive or is likely to mislead or deceive;
b. through any means (including a website), in any way, for any purpose, or in conjunction with items (e.g. advertising), that is objectionable (in MetService’s sole opinion); and
c. where that Data is not current.
2.10. Your Systems must be properly configured to securely operate your Application and process Data.
2.11. If you use the APIs to enhance a service offered to an End-User, you must ensure you operate that service and your Application:
a. lawfully and ethically; and
b. in a manner that does not damage or adversely affect our reputation or the reputation of the API.
2.12. Without limiting clauses 2.1 to 2.11 above, you must:
a. take all reasonable steps to keep Data secure from unauthorised use or access, including not sharing your Access Credentials or allowing others to use it;
b. follow security best practice for your Application, and be familiar with and take all reasonable steps to mitigate internet security risks;
c. notify us as soon as you become aware of any breach of security or unauthorised use of your Access Credentials (or unauthorised access to the APIs through your Systems);
d. comply with any guidelines or directions advised from time to time by MetService on the use of the API; and
e. comply with all applicable laws.
2.13. You must not use or access the API:
a. in any way which is misleading or deceptive (including being likely to mislead or deceive), infringes another person’s rights (including Intellectual Property Rights or privacy rights);
b. to copy or scrape any Data, or store any Data other than for the Approved Purpose;
c. to modify or reverse engineer the API; or
d. re-distribute, re-sell, sub-licence (whether for consideration or otherwise) to any other person or alter all or any part of the Data except as explicitly provided for in the API Access Agreement.
3. User Information and Data
3.2. You must only use Data for the Approved Purpose and follow our instructions in relation to Data or Personal Information.
3.3. You and your Application must not reuse or resupply any Data obtained from the API or combine Data obtained from the API with other information of any kind without our consent.
3.4. You must not market, supply, rent, lease, re-sell, sub-license, lend, assign, transfer, or otherwise provide any Data in any way to any third party, or make or retain copies of any Data, except as expressly permitted under these API T&Cs or with our express written consent.
3.5. You agree to delete all Data:
a. when your access is terminated in accordance with clause 6;
b. when it is no longer required for your Application’s Approved Purpose; or
c. as we might otherwise direct you.
4. Intellectual Property
4.1. We (and our licensors) own all proprietary and Intellectual Property Rights in the Data (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
4.2. If you provide us with ideas, comments, or suggestions relating to the API or Data (together feedback):
a. all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
b. we may use or disclose the feedback for any purpose.
Your use of and access to the API is subject to you paying all applicable Fees (if any) as agreed between you and MetService by the due date in accordance with any relevant API Access Agreement and complying at all times with the API T&Cs.
6.1. You may stop using our API at any time with or without notice. Upon termination or discontinuation of your access to an API, you must immediately stop all use of the API, cease all use of any MetService brand features and delete any cached or stored content.
6.2. At any time, MetService may:
a. discontinue or change an API, including making backward incompatible changes; or
b. modify, add, replace or upgrade any APIs (Modification).
6.3. MetService will use reasonable efforts to notify you of any changes. Continued use of the API will be deemed to be your acceptance of any Modification.
6.4. If we determine that your Application is insecure or may pose a security risk, MetService may, at its sole discretion, disable your access to the API or any portion or feature of your access thereto with or without prior warning to you.
6.5. Access to the API is at our discretion. We are able to permit, restrict, or exclude your use of the API in any way, regardless of whether you are in breach of the API T&Cs or not.
7. Liability and Indemnity
7.1. You acknowledge that some of our APIs involve the use of our Data and Data belonging to third parties. MetService gives no warranties or representation about the API or the Data and does not promise that the API or the Data will:
a. be available, accurate or current;
b. meet your requirements or be suitable for a particular purpose; or
c. be free of viruses or other harmful code, uninterrupted or error-free.
7.2. To the maximum extent permitted by law:
a. you access and use the API at your own risk; and
b. MetService is not liable or responsible to you or any other person for any claim, damage, loss, liability and cost under or in connection with these API T&Cs, the API, or your (or your End-Users’) access and use of (or inability to access or use) the API. This exclusion applies regardless of whether MetService’s liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.3. To the extent clause 7.2 doesn’t apply, and if our liability to you or any person under these API T&Cs, or in connection with the API cannot be excluded, it is limited to NZ$100.00.
7.4. MetService is not liable under or in connection with these API T&Cs or in connection with the API for any:
a. loss of profit, revenue, savings, business, data and/or goodwill; or
b. consequential, indirect, incidental, or special damage or loss of any kind.
7.5. You agree and represent that you are using the API and accept these API T&Cs for the purposes of trade. You agree that, to the maximum extent permitted by law, the Consumer Guarantees Act 1993 and any other applicable consumer protection legislation does not apply to the supply of the API and that it is fair and reasonable that the parties are bound by this clause 7.5.
7.6. You agree to release, indemnify, and keep MetService indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with:
a. your failure or an End-User’s failure to comply with these API T&Cs;
b. your misuse or an End-User’s misuse of the API; and
c. your Application, or any use of your Application.
8.1. We may provide you with support for the API in our sole discretion and we may stop providing support to you at any time without notice or liability to you. We are not obliged to provide any training, support, or technical assistance for the Application, the Data, or the API directly to your End-Users.
8.2. You acknowledge that MetService may monitor any API activity from its own systems for the purpose of ensuring quality, improving MetService products and services, and ensuring compliance with these API T&Cs.
8.3. We may publicly refer to you, orally or in writing, as a user of our API and/or user of the Data. We may also publish your name and/or logo in promotional materials without additional consent or notice to you.
8.4. These API T&Cs are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
8.5. If any part or provision of these API T&Cs is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability, or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these API T&Cs. The remainder of these API T&Cs will be binding on you.
8.6. We will continue to update these API T&Cs as our API evolves and develops. You or your Application’s continued use of the API will constitute your acceptance to the updated API T&Cs.