NIWAWeather Website Disclaimer

Terms & Conditions for use of NIWAWeather

Information about us

 

The Site is maintained by the National Institute of Water & Atmospheric Research Limited (NIWA), a Crown Research Institute established under the Crown Research Institutes Act 1992.

 

Agreement to terms of use

 

Unless stated otherwise, these terms and conditions of use (Terms of Use) apply to your use of the website www.niwaweather.co.nz (Site).

 

By using the Site, you indicate that you accept these Terms of Use and that you agree to abide by them.  If you do not agree to these Terms of Use, NIWA does not give you permission to use the Site.

 

Linking to the Site

 

You are allowed to have links directly to pages hosted on the Site as long as the activated link displays the relevant Site page full-screen in a fully operable browser window and not within a frame on the linking website.

 

You are responsible for maintaining any link(s) to pages on the Site.

 

Ownership of the Site Content

 

All rights (including intellectual property rights) in the content, materials and software which are made available via this Site including, without limitation, scientific data, the design and arrangement of content, and software (Content) are owned, controlled or licensed by or to NIWA.

 

Use of the Content

 

 

NIWA grants you a non-exclusive licence to use and copy this website, which includes the public display of the website.  You agree that where you use or copy the website, you will attribute the website to NIWA by ensuring that the NIWA logo is visible at all times.  You acknowledge that you will not copy, modify or adapt the content of this website.

 

Save as expressly provided in these Terms of Use and any licence granted to you by NIWA, no Content may be copied, reproduced, adapted, publicly displayed, used to create derivative works, distributed or otherwise used in any way.

 

You must not mislead others or misrepresent the Content or its source, and you must not imply that your output is endorsed or produced by NIWA.  You must not use any NIWA branding devices (including but not limited to NIWA logos or logos/descriptions associated with specific services) without the prior written consent of NIWA.

 

Prohibited Use

 

You may only use the Site for lawful purposes. You may not use the Site in any way that breaches any law or regulation, is fraudulent, or has any unlawful or fraudulent intent, purpose or effect;

 

If you breach these Terms of Use, we may terminate any applicable licences and/or take steps to withdraw your right to use the Site (or any part of the Site), with immediate effect.

 

Notwithstanding the above, NIWA may, in its sole discretion, terminate any applicable licences and/or take steps to withdraw your right to use the Site (or any part of the Site), with immediate effect.

 

Disclaimer

 

You acknowledge that there is inherent uncertainty in meteorological, data available on this Site.  NIWA recommends that you exercise your own skill and care with respect to your use of the Content.

 

While NIWA uses all reasonable endeavours to ensure the accuracy of the information provided on or through the Site, the information is provided “as is” without warranties of any kind, either express or implied, including as to accuracy, completeness, correctness, timeliness or fitness for any particular purpose.  Accordingly, NIWA does not give any representation or warranty that:

 

In addition, the information contained on the Site shall in no way be construed to constitute a recommendation by NIWA to take (or not to take) any specific action.

 

You acknowledge and agree that you assume the sole risk of assessing, evaluating, interpreting and applying any Content and that NIWA is not in any way liable (and expressly disclaims liability) for any loss, damage or injury suffered by you or any other person (whether in contract, tort (including negligence) or otherwise) whatsoever arising from, or connected to, your use, reference to, reliance on or possession of the Content or the existence of any errors therein.

 

Subject to conditions or warranties implied by law which are incapable of exclusion, restriction or modification or where to do so is illegal or would render any provision of these Terms of Use void:

 

NIWA accepts no liability for any interference with or damage to your computer system, software or data occurring in connection with or relating to use of the Site. You are encouraged to take appropriate and adequate precautions to ensure that Content taken from the Site is free of viruses or other contamination that may interfere with or damage your computer system, software or data.

 

Operation of the Site

 

NIWA will update the Site regularly and may change, amend or remove Content at any time without notice.

 

Changes to these Terms of Use

 

NIWA has the right, at its sole discretion and at any time, to change or modify these Terms of Use, and such change will be effective immediately upon posting to the Site.  

 

Information about you and your visits to the Site

 

NIWA abides by the requirements and principles of the Privacy Act 1993.

 

When you use the Site, a "cookie" (small piece of data) is used to identify your browser for the duration of your visit.  Once your visit is complete, this information is discarded.  We may also collect information on the type of web browser you use and the types of services you use.  This information is anonymous and is used only in a collated form to allow NIWA to fine tune its services.

 

In providing our services NIWA may collect other personal information from you (for example,

registration and/or credit card information that you provided where you are accessing a paid subscription service).  Any such information will be held securely, will only be used for the purpose for which it was supplied and will not be revealed to any third party except as required by law.

 

Governing law and jurisdiction

 

These Terms of Use and any and all claims, disputes or proceedings of any kind (whether relating to contractual or non-contractual obligations) arising out of or in connection with them shall be governed by and construed in accordance with New Zealand law.

 

These Terms of Use shall be subject to the non-exclusive jurisdiction of New Zealand courts.

 

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