MetConnect

1. General Disclaimers

1. 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 and Texts, 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.
2. Although MetService uses reasonable endeavours to ensure the Services are available at all times, MetService does not warrant that access to the Information will be uninterrupted or error free. MetService will not be liable for damages should the Web Site or Service become unavailable or delayed, or should access to the Web Site or Service become impeded or impaired for any reason.
3. Although MetService uses reasonable endeavours to prevent the introduction of viruses or other destructive features to the Web Site, Email, Texts and Services, MetService does not guarantee or warrant that the Web Site, Email, Texts, Services or materials that may be available from the Web Site, Email or Texts 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 the Web Site, Email or Text, you do so solely at your own risk.

2. 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 the Web Site, Email or Text. Tide data viewed or downloaded from the Web Site, Email or Text 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).

3. Subscription

1. In order to receive the Service You must have a current Subscription. By ordering a Subscription you agree to pay MetService the fees indicated for the Subscription chosen by You. Payment for the Subscription is to be made by credit card or debit card.
2. You warrant and represent that the credit card or debit card used to pay for the Subscription is Yours. All credit card and debit card holders are subject to validation checks and authorisation by the card issuer.
3. MetService may change the fees payable for a Subscription at any times.
4. You undertake and warrant that the information You provide about You for the purpose of purchasing a Subscription is true, current and complete.
5. Following the purchase of a Subscription, Your User Identification must not be transferred or shared.
6. All fees payable for use of MetConnect are non-refundable. If MetService agrees to a refund, it is at MetService's sole discretion and any refund will be credited against the card which incurred the charge.

4. Prohibited Access and Use

The Information is provided and may be used solely for your internal business purposes. You must not re-supply, alter, publicly display, perform or distribute (whether for consideration or otherwise) all or any part of the Information without the prior written consent of MetService.

You may only make use of the Web Site, the Services, the Email the Texts and the Information for lawful purposes.

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 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 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 contact.metconnect@metservice.com. MetService reserves the right to reset Your password from time to time on notice to You

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.

5. Changes to these Terms

MetService may add to, remove or change these Terms from time to time. All additions and changes may be notified to You by being posted on this Web Site. It is Your responsibility as a user to refer to these additions and changes. They will come into effect immediately on being posted and You will be deemed to have accepted them if you access the Web Site or Service after the time of posting.

6. Protected Rights

1. The Information and the Web Site are protected under Intellectual Property laws of New Zealand and, under similar laws abroad. Unless otherwise stated, Intellectual Property rights in all Information published on the Web Site, Email or Text, or otherwise made available through the Services, including, but not limited to, the textual material, artwork, photographs, computer software, audio and visual elements, are owned by MetService or its licensors. You may only use the Information in the manner expressly permitted by these Terms. All other use, modification, alteration or enhancement is strictly prohibited.
2. You may download and print the Information that appears on the Web Site, Email or Text for your internal business purposes. 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 otherwise modify the content of the Information or present any modified content as official MetService material. You must not capture any Information and retain it for later access.
3. 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 , Email or Text. The name and logo of MetService are registered trademarks. You must not use or reproduce or allow anyone to use or reproduce this trademark for any reason without MetService's express written permission. The software which operates the Web Site is proprietary software. You must not use it except as expressly allowed under these Terms. Any other use or purported licensing, modification, enhancement or interference is strictly prohibited.

7. Liability

1. 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 and/or the Services, or any material appearing on the Web Site, Email or Text, or from any action or decision taken as a result of using the Web Site, the Services, or any such material.
2. Material appearing on the Web Site, Email or Text may include advertising and other material submitted by parties other than MetService and the Web Site, Email or Text 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.
3. 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.

8. Compliance and Indemnity

1. You agree to comply with all operating procedures, instruction or acceptable use policies notified by MetService from time to time.
2. MetService reserves the right to change or modify any or all parts of this Web Site or the Service at any time. MetService reserves the right to restrict, suspend or terminate Your access to parts or all of the Service without notice or liability if you breach these Terms, or if MetService considers it appropriate for any reason whatsoever.
3. You shall indemnify MetService against any and all claims, loss, damages, liabilities and costs (including legal costs on a solicitor and own client basis) suffered or incurred by MetService as a direct or indirect result of Your failure to comply with these Terms, Your use of the Web Site and/or the Services.

9. Termination

1. In the event that You commit any breach of these Terms or that MetService believes on reasonable grounds that You have breached these Terms, MetService may terminate the Services and Your access to the Web Site immediately without notice and without prejudice to other rights and remedies available to MetService.
2. 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. Consumer Guarantees Act

1. You acknowledge that the supply of the Services is for business purposes in terms of the Consumer Guarantees Act 1993 and that, accordingly, the guarantees provided by that Act shall not apply to the Services.
2. Where the supply of the Service 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 that Act shall be deemed to be omitted from these terms for the purpose 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 Guarantees Act 1993.

11. Links and Advertising

1. Where the Web Site, Email or Text 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.
2. Responsibility for the content of any advertisements appearing on the Web Site, Email or Text, or the content of web sites linked to the Web Site, Email or Text, rests solely with the advertisers or proprietors of those web sites. The placement of advertisements and hyperlinks on the Web Site, Email or Text 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.

12. 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, monitoring usage, to provide the 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 MetService's Privacy and Security Policy.

13. Definitions and Interpretation

1. In these Terms, unless the context requires otherwise, the following expressions have the following meanings:
   1. Email: means any email service that can be subscribed to by You via the Web Site e.g. Weather Warnings. It means any commercial electronic message that markets goods, services, land or business opportunities.
   2. Information: means all information that is published by MetService on the Web Site, Email or Text, or otherwise available through a Service from time to time.
   3. Intellectual Property: means any patent, copyright, trademark, or design rights or any other intellectual property rights in any material.
   4. Services: means the services made available to You by MetService via the Web Site, Email or Text.
   5. Services Agreement: means any written agreement that is in force between You and MetService for the provision of services, including the Services, by MetService to You.
   6. Text: means any SMS or text service that can be subscribed to by You via the Web Site e.g. www.metconnect.co.nz.
   7. User Identification: means a unique username and password.
   8. 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.metconnect.co.nz.
   9. You, Your and User: are references to a party that uses the Web Site, Email or Text 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.
2. In these Terms:
   1. headings are inserted for convenience and shall not affect the construction of these Terms; and
   2. the singular includes the plural and vice versa.

14. Governing Law

These Terms 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.

15. Severability

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, 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.

16. Entire Agreement

1. If You and MetService are parties to a Services Agreement, then the Services Agreement and these Terms together constitute the entire agreement between You and MetService, and shall supersede any previous representation, warranty or agreement, relating to the subject matter of these Terms. In the event of any conflict or inconsistency between the terms of the Services Agreement and these Terms, the terms of the Services Agreement shall prevail.
2. If You and MetService are not parties to a Services Agreement, then these Terms constitute the entire agreement between You and MetService, and shall supersede any previous representation, warranty or agreement, relating to the subject matter of these Terms.