1.1

Application

These Terms apply to your use of the MetService website weather widget (Widget). By downloading, otherwise installing or using the Widget, you agree to these Terms.  Where your acceptance is on behalf of another person, you confirm that you are authorised to, and do, accept these Terms on that person’s behalf and that person is bound by these Terms. If you do not agree to these Terms you are not authorised to download, install or use the Widget

1.2

Licence

Subject to your compliance with these Terms, MetService grants to you a non-exclusive and non-transferable licence (Licence) for its duration to install and use the Widget solely for the purpose of displaying the MetService weather-related data (Data) on your website. You acknowledge that your website visitors who click on the Widget will be directed to the MetService website.

Conditions

You must use the Widget (including its underlying software) and the Data for their intended purposes only and must: 

1. not act in a way, or use or introduce anything that compromises, or may compromise, them;
2. not copy, translate, decompile, reverse-engineer, resell, modify, vary, sub-licence or otherwise deal in them;
3. ensure they are protected at all times from misuse, damage, destruction or any form of unauthorised use, copying or disclosure; and
4. not permit any person (including your website users) to act in a manner that would be a breach of these Terms if they were a party to the Licence.

1.4

Intellectual Property:

All title and intellectual property rights (including copyright and all rights conferred under statute, common law or equity relating to inventions (including patents), registered or unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity) in the Widget, its underlying software and the Data, and any modifications or derivative works of them, are owned by MetService (and its licensors). You must maintain all proprietary notices appearing on the Widget or in the Data.

1.5

Consumer Guarantees Act:

1.6

As is:

The Widget (including its underlying software) and the Data are made available on an “as is” basis. To the extent permitted by law all conditions, guarantees and warranties (whether express or implied) are expressly excluded by MetService, and MetService will not be liable to you or any other person for any damage, loss, claim or expense suffered under or in connection with these Terms or the use of the Widget or Data, whether in contract, tort (including negligence), breach of statutory duty or otherwise. You acknowledge that uncertainty is inherent in weather forecasts. MetService makes no warranty or representation (express or implied) that the Data is accurate, complete, current or fit for any purpose. MetService is under no obligation to provide any technical support for the Widget.

1.7

Indemnity:

1.8

Duration and termination:

This Licence starts on your downloading, other installation or use of the Widget and continues until terminated by a party giving email notice to the other party to this effect. This Licence terminates automatically if you breach any of these Terms. On termination, you must de-install the Widget from your website and, if requested, confirm your compliance with these Terms.

1.9

Independent contractor:

No relationship (e.g. joint venture, agency, trust or partnership) other than the limited independent licensor/licensee relationship exists between the parties under these Terms. You must not represent that MetService or any related entity has any affiliation with you or your website or that MetService or any related entity endorses your website or any of your products or services.

1.10

Severability:

Any illegality, unenforceability or invalidity of a provision of these Terms does not affect the legality, enforceability or validity of the remaining Terms.

1.11

Variation:

Any variation to these Terms must be in writing and signed by MetService.

1.12

Entire agreement:

These Terms set out everything agreed by the parties relating to its subject matter and supersede and cancels anything discussed, exchanged or agreed prior to its start. 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 1.12 applies.

1.13

Law:

These Terms are governed by, and must be interpreted in accordance with, the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with the Agreement.