Legal Disclaimer

1.

Disclaimer

Access to, and the availability of, the Web Site, Services and the Email may be interrupted, restricted or delayed from time to time. MetService does not give any warranties of any kind, expressed or implied, in respect of the availability or performance of the Web Site, Services and Email.

As a user, You acknowledge the uncertainty inherent in weather forecasts. While MetService uses all reasonable endeavours to ensure the accuracy of the Information on the Web Site and in Emails, the Information is provided "as is" without warranties of any kind, express or implied, including accuracy, completeness, correctness, timeliness or fitness for any particular purpose.

Although MetService uses reasonable endeavours to prevent the introduction of viruses or other destructive features to the Web Site, Services and Email, MetService does not guarantee or warrant that the Web Site, Services, Email or materials that may be available from the Web Site do not contain such destructive features. MetService will not be liable for any damages or harm attributable to such features. If You rely on the Service and any materials available through this Site or Email, you do so solely at your own risk.

Tide Disclaimer:

MetService and LINZ accept no liability for any direct, indirect, consequential or incidental damages that result from any errors in the tide information, whether due to MetService, LINZ or a third party, or that arise from the use, or misuse, of the tide information contained in this website. Tide data viewed or downloaded from this web site is not equivalent to or a replacement for the official tide data as specified in Maritime Rules Part 25 Nautical Charts and Publications (pursuant to Section 36 of the Maritime Transport Act 1994).

2.

Prohibited Access and Use

Limited Use Information is provided for Your own personal use in accordance with this Agreement. You must not:

1. use all or any part of the Limited Use Information for any commercial purpose; or
2. re-supply, alter, publicly display, perform or distribute (whether for consideration or otherwise) all or any part of the Limited Use Information,

without the prior written consent of MetService.

You must not permit any other person to use any User Identification issued to You to gain unauthorised access to a Service or any Information. You may only make use of the Web Site, the Services, the Email and the Information for lawful purposes.

Any person using the General Use Information, including by passing on the General Use Information to their customers, shall not alter the text of the General Use Information, and shall acknowledge MetService as the supplier of that General Use Information.

The Web Site and the Information may be accessed via standard web browsers only. Access to the Web Site and the Information by any other method (including, without limit, by scraping, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering or extraction method) is prohibited except with the prior written consent of MetService.

3.

Use of the Services

Where You register to use a Service, You undertake and warrant that:

1. the information You provide for the purpose of registering to use the Service is true, current and complete; and
2. You will notify MetService promptly of any changes to Your contact details or other information required by MetService as required to keep such information true, current and complete.

You are responsible for all access to and use of a Service made using any User Identification issued to You, whether or not such access and use is authorised. You are responsible for protecting and securing Your User Identification from unauthorised use. If You believe that there has been or is likely to be unauthorised use of Your User Identification, You must notify MetService immediately by email to webmaster@metservice.com.

If you subscribe to weather warning emails, shortly after they are issued, MetService may send Weather Warning emails to the email address You nominated during the subscription process. You are entirely responsible for monitoring Your email account. MetService takes no responsibility for either non-delivery or delays in delivery of Weather Warning emails.

4

Changes to the Web Site

MetService reserves the right to change, modify, suspend or discontinue any or all parts of the Web Site or any Service or Email at any time. MetService reserves the right to restrict Your access to parts or all of the Web Site, Services or the Email without notice or liability. MetService also reserves the right to charge new or additional fees for access to any materials appearing on the Web Site or as part of a Service by posting a notice on the Web Site, or in the case of Email, sending an email.

5

Protected Rights

The Information and the Web Site are protected under Intellectual Property laws of New Zealand and similar laws abroad. Unless otherwise stated, Intellectual Property rights in all Information published on the Web Site or made available through a Service, including, but not limited to, the textual material, artwork, photographs, computer software and audio and visual elements, are owned by MetService or its licensors. You may only use the Information in the manner expressly permitted by this agreement. All other use, modification, alteration or enhancement is strictly prohibited.

You may download and print a single copy of the Limited Use Information that appears on the Web Site or Email. Should You download any Information from the Web Site, You must retain all copyright and other proprietary notices as they appear in the original materials on any copy of the Information. You must not modify the content of the Information or present any modified content as official MetService material. You must not capture any Limited Use Information and retain it for later access.

You agree not to remove, cover, overlay, obscure or change any copyright notices, legends, or terms of use which MetService may post on the Web Site or Email. The name and logo of MetService are registered trademarks. You must not use or reproduce or allow anyone to use or reproduce these trademarks for any reason without our express written permission. The software which operates the Web Site is proprietary software. You must not use it except as expressly allowed under the terms of this agreement. Any other use or purported licensing, modification, enhancement or interference is strictly prohibited.

6.

Liability

Except to the extent that the law prohibits exclusion of liability by MetService, MetService shall not be liable to You for any loss, damage or expense (whether direct, indirect or consequential) incurred by You or any third party through the acts or omissions of MetService, its employees or agents or through incomplete, unavailable or erroneous Information. To the full extent permissible by New Zealand law, MetService disclaims all responsibility for damages or losses (including, without limitation, financial loss, damages for loss of revenue, loss of profits or savings, indirect or consequential losses) arising in contract, tort (including negligence) or otherwise from Your use of, or inability to use, the Web Site or the Services, or any material appearing on the Web Site or Email, or from any action or decision taken as a result of using the Web Site, the Services or Email or any such material.

Material appearing on the Web Site or Email may include advertising and other material submitted by parties other than MetService and the Web Site or Email may provide links to other sites operated by advertisers and third parties. Those parties (and not MetService) are responsible for ensuring that such material and such sites comply with all relevant laws and regulations. To the full extent permissible by New Zealand law, MetService disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations.

Subject to clause 7.2, in cases where the law avoids or prohibits provisions which exclude liability, the liability of MetService shall not exceed the charge paid by You for the Information that is the subject of the claim.

7

Consumer Guarantees Act

You acknowledge that if the supply of any goods or service under this agreement is for business purposes in terms of the Consumer Guarantees Act 1993, the guarantees provided by that Act shall not apply to such goods or service.

Where the supply of the Services is not a supply for business then any terms and conditions contained herein which reduce, limit or are contrary to the guarantees and remedies contained in the Consumer Guarantees Act shall be deemed to be omitted from these terms for the purposes of the Act. In such situations the warranties and guarantees set out in this agreement are in addition to the rights and remedies of the Customer under the Consumer.

8

Charges

You agree to pay any applicable charges for any use of the Web Site or a Service at MetService's current rates as notified from time to time by You on the Web Site. You will pay the charges through MetService's nominated payment facility, as advised from time to time, and You agree that our nominated payment agent may use Your User Identification or other personal identification information about You for the purpose of advising MetService of Your payment of the charges.

Where required, You must pay the charges prior to accessing the relevant Service or Information.

9.

Termination

In the event that You commit any breach of this agreement or that MetService believes on reasonable grounds that You have breached this agreement, MetService may terminate Your access to the Web Site or any Service or Email immediately without notice and without prejudice to other rights and remedies available to MetService

Upon termination You shall immediately cease to use the Service and shall not attempt to gain further access to the Web Site or the Information.

10.

Links and Advertising

Where the Web Site or Email contains links to other web sites, MetService does not accept any responsibility or liability in relation to any content on other web sites that are not under MetService's direct control. In accordance with Internet protocol, MetService requires You to obtain MetService's permission before establishing any link to the Web Site. If You wish to establish a link to the Web Site, You should e-mail Your request to the MetService Webmaster.

Responsibility for the content of any advertisements appearing on the Web Site or Email or the content of web sites linked to the Web Site or Email rests solely with the advertisers or proprietors of those web sites. The placement of advertisements and hyperlinks on the Web Site or Email does not constitute a recommendation or endorsement by MetService of the web sites or the advertisers' products. Each advertiser is solely responsible for any information contained in its advertisement.

11.

Privacy

When You use a Service or register to use a service, MetService may obtain information about You. By submitting the information required for registration or using the Service You authorise MetService and its agents to collect that information about You and hold it at MetService's head office. MetService will make use of this information for statistical analysis, to provide services to You, for marketing services and for research and development purposes. You may request access to and correction of any personal information MetService holds in relation to You. Such requests must be in writing and MetService may charge a fee for the reasonable costs incurred in responding to Your requests, provided that MetService discloses those costs to You before they are incurred.

MetService's use of Your personal information is also subject to our Privacy and Security Policy.

12.

Definitions and Interpretation

In this agreement, unless the context requires otherwise, the following expressions have the following meanings:


1. MetService: The Meteorological Service of New Zealand.
2. You and Your: are references to a party that uses this Web Site or Email and includes any party to which MetService issues User Identification for the purpose of accessing and using the Services and every person, authorised or unauthorised, who accesses or uses the Services by using that User Identification.
3. Information: means the General Use Information and the Limited Use Information.
4. General Use Information: means the following information including the format of that information, published by MetService on the Web Site or Email or available through a Service from time to time.

Warnings of Hazardous Weather in relation to New Zealand


1. Over land
2. Severe Weather Warnings (Rain, Snow, Wind)
3. Severe Thunderstorm/Convection Warnings
4. Summary for Media and Public
5. Severe Weather Watches (Rain, Snow, Wind)
6. Severe Convection Watches
7. Severe Convection Outlooks
8. Snow Otago Warnings
9. Special Weather Advisory
10. Road Snowfall Hazard Warning
1. Over water
2. Warnings for Shipping
3. Warnings in Coastal Areas
4. Strong wind warnings for Manukau and Waitemata Harbours and the Hauraki Gulf south of a line from Bream Head to Cape Colville


Forecast Services in relation to New Zealand


1. Charts
2. Weather charts that are broadcast by radio-facsimile
1. Over land
2. Brief forecast for all land areas of New Zealand, including the Chatham Islands
3. Brief forecast for all the major North and South Island mountain areas (above 800 metres)
1. Over water
2. Oceanic (high seas) forecasts
3. New Zealand coastal waters forecasts
4. Inshore forecasts for:
5. The Manukau and Waitemata Harbours and the Hauraki Gulf south of a line from Bream Head to Cape Colville;
6. The Bay of Islands and the area between the North Island coast and a line from Cape Brett to the Poor Knights Islands to Bream Head;
7. Severe Weather Outlooks (Rain, Snow, Wind)
8. The area between the North Island coast and a line from Great Mercury Island to Mayor Island to Mt Maunganui;
9. The area between the North Island coast and a line from Mt Maunganui to Mayor Island to Motiti Island and then within about fifteen (15) kilometres of the coast east to the Torere River mouth.
10. Wellington Harbour and the south coast north of a line from Sinclair Head to Baring Head;
11. The area within about five (5) kilometres of the North Island coast between Waiterere Beach and Pukerua Bay, including all the area between the North Island and Kapiti Island;
12. The area within about five (5) kilometres of the North Island coast between Pukerua Bay and Makara Beach;
13. The area adjacent to the South Island coast between Lyttelton Harbour and the Waimakariri River mouth, but not including Lyttelton Harbour;
14. The waters of Lake Taupo
15. The waters of Lake Rotorua.



1. Observational data for New Zealand from:
2. surface synoptic network, updated three hourly
3. upper air observations in standard coded text bulletins, updated six hourly
4. radar images, updated three hourly
5. satellite images in a standard image format, infrared updated three hourly, visible updated once per day.



5. Limited Use Information: means all information that is not "General Use Information" including the format of that information, published by MetService on the Web Site or Email or available through a Service from time to time.

6. Intellectual Property: means any patent, copyright, trademark, or design rights or any other intellectual property rights in any material.
7. Services: means the services made available to You by MetService via the Web Site including, without limitation, the MetConnect, MetNet and MyWeather services.
8. Email or Email Services: means any Email service that can be subscribed to by a member of the public e.g. Weather Warnings, Powderwatch and Powder Alert snow emails. It means any commercial electronic message that markets goods, services, land or business opportunities.
9. User identification: means a unique username and password.
10. Web Site: means the Internet website established by MetService that displays the Information and which can be accessed through use of appropriate communications facilities at URL www.metservice.co.nz or www.metservice.com.

Headings are inserted for convenience and shall not affect the construction for this agreement.

The singular includes the plural and vice versa.

13.

Governing Law

This Agreement shall be governed and construed by the laws of New Zealand and You accept that any dispute will be dealt with under the laws of New Zealand and through the New Zealand courts.

14.

Severability

If at any time any provision of these terms is or becomes illegal, invalid or unenforceable in any respect under the law of New Zealand, neither the legal validity or enforceability of the remaining intent that these terms shall be construed as if the relevant provision or part had been deleted.

15.

Entire Agreement

The terms and conditions of these terms extinguish the terms of any prior agreements, understandings, representations or warranties previously communicated by MetService in respect of the Service.