1.

Your use of this Website and related services

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:

1. accept these Terms; and
2. where your access and use is on behalf of another person (e.g. a company), confirm you are authorised  to, and do in fact, accept these Terms on that person’s behalf and that person is bound by these Terms.

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

MetService may change, suspend, discontinue, or restrict access to, the Website, a Service or the Information without notice or liability.

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

1. any Information described as “Open Access” on the Website; and/or
2. any of the following:
   1. 3 hourly observational data from the surface synoptic network;
   2. 6 hourly upper air data (temperature, humidity and winds);
   3. 3 hourly radar reflectivity (rainfall rate) images, in colour; or
   4. 3 hourly satellite data images related to eastern Australia, the Tasman Sea, and New Zealand, but  subject to any specific condition of use noted with that image (and, to avoid doubt, that specific  condition prevails in the event of inconsistency with clause 4.3 below).

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.

In these Terms:
"including" and similar words do not imply any limitation.

4

Access to Information

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.

Unless clause 4.3 applies, you must:

1. use the Information for your own personal use only and must not use all or any part of the Information for any commercial purpose; and
2. not re-supply, alter, publicly display, or distribute (whether for consideration or otherwise) all or any  part of the Information.

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:

1. not alter the text of the Information;
2. where the Information is displayed, include the following attribution immediately above, below or beside the Information in a font size no smaller than the Information:

   "This information is made freely available by MetService. Despite this, MetService is not associated with, and does not endorse, [Insert your name/name of business] or have involvement in how this information is presented";

3. if the Information is incorporated into another product or service, in addition to the above attribution, acknowledge MetService in the product or service terms as the supplier of the Information in the following manner:

   "This [product/service] incorporates information made freely available by MetService. Despite this, MetService is not associated with, and does not endorse, [insert your name/name of business] or how this [product/service] uses MetService information"; and

4. not use the Information in a way that:
   1. states or implies that MetService endorses you, your business, or any product or service; and
   2. without limiting clause 4.1, is misleading or deceptive or is likely to mislead or deceive.

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

If you register for a Service, you must:

1. comply with any applicable Service Specific Terms (in addition to these Terms); and
2. provide true, current and complete information, and must promptly update that information as required so that the information remains true, current and complete

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:

1. not permit any other person to use your User ID, including (without limit) disclosing or providing it to any other person; and
2. Immediately notify MetService if you become aware of an unauthorised use or disclosure of your User ID, by sending an email to enquiries@metservice.com.

You warrant that any information, feedback and comment provided by you on or to this Website is true, complete and accurate.

You must:

1. not to act in a way, or use, or attempt to damage, interfere with or introduce anything (including any virus, worm, Trojan, timebomb, keystroke logger, spyware or other feature for any purpose) that in any way compromises this Website, any Service, the Information, or any network or system underlying or connected to this Website or any Service; and
2. access the Website, any Service and the Information via standard web browsers only and not by any other method (including by scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method).

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.

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:

• by the 20th of the month following the date of invoice; and
• electronically in cleared funds without any set off or deduction.

The Fees are subject to change.

7

Intellectual property

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.

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

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.

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:

1. the Website, a Service or the Information being unavailable (in whole or in part) or delayed from time to  time; 
2. any exposure to viruses or other forms of interference which may damage your computer system or expose you to credit card fraud when you access or use this Website, a Service or the Information.     
   To avoid doubt, you are responsible for ensuring the process you use to access and use this Website, a Service or the Information protects you from this;
3. any site linked from this Website.  Any links on this Website to other sites does not imply any MetService endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators; and
4. any tide information or forecasts.  (Tide information or forecasts on this Website or in a Service are not official tide data, which is set out in Maritime Rules Part 25 Nautical Charts and Publications).

9.

Liability

To the maximum extent permitted by law:

1. you access and use this Website, the Services, and the Information at your own risk;
2. MetService excludes all liability and responsibility to you or any other person for any Loss, under or in  connection with these Terms, the Website, the Services, the Information, and your access and use of  (or inability to access or use) this Website, the Services or the Information.  This exclusion applies  regardless of whether liability or responsibility arises in contract, tort (including negligence), equity,  breach of statutory duty, or otherwise.

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:

1.  the Fees paid for the relevant Service or Information; or
2. the cost of reperforming the Service or remedying, repairing, enhancing or replacing the defective  Information.

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

When you provide personal information to MetService, it will comply with the New Zealand Privacy Act 2020.

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.

11.

Termination

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. 

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

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.

If MetService does not exercise or enforce any rights available to it under these Terms, it does not constitute a waiver of those rights.

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.

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.