Terms of Use
1. |
Your use of this Website and related services |
1.1 |
These Terms apply to your use of this Website, any Service, and the Information. By accessing and using this Website, a Service, or the Information, you:
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1.2 |
If you do not accept these Terms, you are not authorised to access and use the Website, the Service, or the Information, and you must immediately stop your access and use. |
2. |
Changes |
2.1 | MetService may change these Terms at any time by updating them on the Website, including updating or adding new fees for access and use of a Service or the Information. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use this Website, the Service or the Information following an update, you agree to be bound by the changed Terms. |
2.2 |
MetService may change, suspend, discontinue, or restrict access to, the Website, a Service or the Information without notice or liability. |
2.3 |
These Terms were last updated on 12 June 2018. |
3. |
Definitions |
In these Terms, the following phrases have the stated meaning. Fees means any fee applying to a Service or Information from time to time as set out on this Website. GST means goods and services tax at the prevailing rate imposed under the Goods and Services Tax Act 1985. Information means any information or data made available on this Website or via a Service. Loss means any and all claims, damages, loss, liability and costs including, legal costs on a solicitor and own client basis. MetService means Meteorological Service of New Zealand Limited and includes any related company (as defined in the New Zealand Companies Act 1993). Open Access Data means
Service means any service made available to you by MetService via the Website, including any email service or subscription, for example MetConnect, MetWeb, Powder Watch, MetPhone, etc. Service Specific Terms means any additional terms and conditions that apply to a particular Service. Terms means these terms and conditions titled Terms of Use and includes any Service Specific Terms for a Service. User ID means a unique username and/or password. Website means www.metservice.co.nz, www.metservice.com or any other website established by MetService. You (and Your) means the person accessing or using this Website, the Service and/or the Information. |
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3.2 |
In these Terms: |
4 |
Access to Information |
4.1 |
MetService authorises you, on a non-exclusive and non-transferable basis, to access and use this Website, the Services and the Information for lawful purposes and in a lawful manner, and in accordance with these Terms. |
4.2 |
Unless clause 4.3 applies, you must:
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4.3 |
The restriction in clause 4.2 does not apply to any Open Access Data provided that when you make commercial or professional use of that Information, you must:
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4.4 |
It is your responsibility to determine whether clause 4.2 or 4.3 applies to the Information that you are using. If you are using different types of Information, you acknowledge that clause 4.2 may apply to some types of Information and clause 4.3 to other types |
5 |
Your Responsibilities |
5.1 |
If you register for a Service, you must:
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5.2 |
If, to access and use a Service or Information, MetService provides you with, or you must create, a User ID, you must keep the User ID secure. You must:
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5.3 |
You warrant that any information, feedback and comment provided by you on or to this Website is true, complete and accurate. |
5.4 |
You must:
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5.5 |
You must obtain MetService’s written permission to establish a link to the Website. If you wish to do so, email your request to enquiries@metservice.com. |
5.6 | You indemnify MetService against all Loss that MetService suffers or incurs as a direct or indirect result of your failure (and the failure of any person who accesses and uses the Website, a Service, or the Information using your User ID) to comply with these Terms. |
6. |
Fees |
If Fees apply to a Service or Information, you must pay the Fees to MetService. MetService will provide you with valid GST tax invoices monthly [in arrears?] for the Fees due in the previous month. The Fees exclude GST, which you must pay on taxable supplies under these Terms. You must pay the Fees:
The Fees are subject to change. |
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7 |
Intellectual property |
7.1 |
MetService (and its licensors) own all proprietary and intellectual property rights in the Website, and any Service (including all text, graphics, artwork, photographs, logos, icons, sound recordings and look and feel), the Information, the underlying software and any data or material forming part of the Website, a Service or the Information. |
7.2 |
Except to the extent expressly permitted by these Terms, you must not adapt, copy, distribute, display, publish, reproduce or create adaptations or derivative works from any part of this Website, a Service or the Information |
8 |
Disclaimers |
8.1 |
Uncertainty is inherent in weather forecasts. Subject to clause 8.2d, while MetService uses all reasonable endeavours to ensure the accuracy of Information on the Website or forming part of the Services, MetService gives no warranty, guarantee or representation (express or implied) that this Website, the Services or any of the Information is accurate, complete, current or fit for any purpose. |
8.2 |
To the extent permitted by law, MetService (and its licensors, including Land Information New Zealand) has no liability or responsibility for any Loss in connection with:
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8.3 | MetService makes no representation or warranty that the Website, any Service, or the Information is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of this Website, a Service, or the Information is not illegal or prohibited, and for your own compliance with applicable local laws. |
9. |
Liability |
9.1 |
To the maximum extent permitted by law:
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9.2 |
To the maximum extent permitted by law, if you acquire or use the Website, the Services or the Information for the purposes of trade, you agree that the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law do not apply to the supply of the Website, the Services or the Information and both parties agree it is fair and reasonable this clause 9.2 applies. If you do not acquire the Website, the Services or the Information for the purposes of trade, then except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be contracted out of. To the extent that MetService’s liability cannot be excluded but can be limited, MetService’s liability is limited (at MetService’s option) to:
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9.3 |
To the maximum extent permitted by law and only to the extent clauses 9.1 and 9.2 of these Terms do not apply, MetService’s total liability to you (including for negligence) under or in connection with these Terms, the Website, the Services, or the Information, or your access or use (or inability to access or use) this Website, the Services or the Information, must not exceed the lesser of the fees paid by you for the Service or Information the subject of the claim or NZD500. |
10. |
Privacy |
10.1 |
When you provide personal information to MetService, it will comply with the New Zealand Privacy Act 2020. |
10.2 |
The personal information you provide to MetService (including information provided when you register to use a Service) is collected and may be used for statistical analysis, the marketing by MetService of other products and services to you, to provide Services to you, credit checks, and research and development. |
10.3 | MetService may collect personal information through the use of cookies. Cookies are alphanumeric identifiers that MetService transfers to your computer’s hard drive to enable MetService systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on this Website. |
10.4 | MetService’s Privacy Policy (as updated from time to time by MetService) applies to your personal information. |
11. |
Termination |
11.1 |
Without prejudice to any other right or remedy available to MetService, if MetService reasonably considers that you have breached these Terms or MetService otherwise reasonably considers it appropriate, it may immediately, and without notice, suspend or terminate your access to the Website, any Service, or the Information. |
11.2 |
On suspension or termination, you must (a) immediately cease using the Website, the Service or the Information and must not attempt to gain further access, and (b) immediately pay any unpaid Fees up to the date of termination. |
12. |
General |
12.1 | If MetService needs to contact you, it may do so by email or by posting a notice on this Website. You agree that this satisfies all legal requirements in relation to written communications. |
12.2 |
These Terms are governed by and construed in accordance with the laws of New Zealand and are subject to the non-exclusive jurisdiction of the New Zealand courts. |
12.3 |
If MetService does not exercise or enforce any rights available to it under these Terms, it does not constitute a waiver of those rights. |
12.4 |
If any part or provision of these Terms is illegal, invalid, or unenforceable, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms will be binding on you. |
12.5 |
These Terms supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement between you and MetService relating to the subject matter of these Terms. The parties have not relied on any representation, warranty or agreement relating to the subject matter of these Terms that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect. Without limiting the previous sentence, to the extent you are in trade both parties agree that sections 9, 12A, and 13 of the New Zealand Fair Trading Act 1986 do not apply and that it is fair and reasonable this clause 12.5 applies. |