NIWA Weather Terms of Use

The NIWA Weather website and associated NIWA weather applications are operated and maintained by the National Institute of Water and Atmospheric Research Limited (NIWA), a Crown Research Institute established under the Crown Research Institutes Act 1992 and a limited liability company incorporated in New Zealand. NIWA’s registered office is 82 Wyndham Street, Auckland, New Zealand.

Agreement to Terms of Use

Unless stated otherwise, these terms and conditions of use (Terms) apply to your use of the website weather.niwa.co.nz (Site) and associated NIWA weather applications (NIWA Weather apps) (collectively, NIWA Weather Sites) and any content, data, information, design, software and other materials made available by us via the NIWA Weather Sites (Content). Please read the Terms carefully.

By accessing and using the NIWA Weather Sites, you indicate that you agree to abide by these Terms. If you do not agree to these Terms, you must not access or use the NIWA Weather Sites or any of its Content.

Ownership of the NIWA Weather Sites and Content

All rights (including intellectual property rights) in the NIWA Weather Sites and Content are owned, controlled or licensed by or to NIWA. All such rights are reserved.

Parks Weather

The Content in the Parks Weather section of the Site is funded by the Department of Conservation (DOC).

Use of the Content

Except as otherwise provided on the NIWA Weather Sites, NIWA grants you a non-exclusive, non-transferable licence to use, copy, reproduce and distribute the Content (including for public display and dissemination) for informational or personal purposes provided that you comply with these Terms and you:

  • ensure that any reproduction of the Content is accurate and not used in a manner that is misleading, deceptive or offensive, or which would bring NIWA into disrepute;
  • appropriately acknowledge the source of the Content, including retaining any copyright notice for that Content;
  • do not imply that your output or business is approved or endorsed by NIWA;
  • ensure that any text or graphical representation of a forecast that you reproduce or distribute includes the issue time and date of the forecast and the validity of the forecast period, and reproduces in full any associated warnings, and
  • do not commercialise or derive commercial benefit from the Content (in whole or in part) without first obtaining a licence to do so from NIWA (or, as the case may be, NIWA’s partners or licensors), and
  • do not otherwise use any logos, emblems or trademarks of NIWA, its partners or licensors except as expressly provided for in these Terms.

Any other use, copying, reproduction or distribution of the Content, without the written permission of NIWA or the relevant copyright owner, is prohibited. If you have any questions as to whether you have permission to use any Content, please contact NIWA.

Compliance with Terms and Law

You may not use the NIWA Weather Sites in any way that breaches any law or regulation or the rights of another person, is fraudulent, or has any unlawful, improper, harmful or fraudulent intent, purpose or effect, or that inhibits the use and enjoyment of the NIWA Weather Sites by anyone else. If you are accessing the NIWA Weather Sites from another jurisdiction, you are responsible for complying with any applicable laws of that jurisdiction.

If you breach these Terms, we may suspend or terminate any applicable licences and/or take steps to limit your access to the NIWA Weather Sites (or any part of the them), with immediate effect and without notice. NIWA also reserves the right in its sole discretion for any reason to suspend or terminate any applicable licence and/or take steps to limit your access to the NIWA Weather Sites (or any part of the them or their Contents). If NIWA suspends or terminates your licence(s), you must immediately cease using the NIWA Weather Sites and Content (including any copies or reproductions of it).

Linking to the Site

You may link directly to pages on the NIWA Weather Sites as long as:

  • in respect of the Site, unless otherwise agreed by NIWA, 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,
  • the links are not misleading or deceptive or would falsely suggest any form of association with or approval or endorsement by NIWA, or would bring NIWA into disrepute, and
  • you promptly remove any links on our request or if our policy on linking changes in these Terms.

You are responsible for maintaining any link(s) to pages on the NIWA Weather Sites you have created.

Linking from the NIWA Weather Sites

The Site may contain links to third-party websites and references to third parties, or to third parties’ services or products.

These links and references are provided for your convenience and not as an endorsement by us.

We are not responsible for any linked third-party content and do not make any representations regarding the content or accuracy of materials on such third-party websites.

Disclaimer and Liability

There is inherent uncertainty in weather forecasts. While NIWA uses all reasonable endeavours to ensure the accuracy of the Content on the NIWA Weather Sites, NIWA makes no warranties or representations of any kind, either express or implied, that the NIWA Weather Sites or the Content is accurate, complete, current, or fit for any particular purpose. NIWA also does not give any representation or warranty that:

  • the NIWA Weather Sites and Content will be available at all times or be free from viruses or other forms of interference that may damage your computer system or data;
  • the flow or provision of the information from the NIWA Weather Sites will not be interrupted or delayed for any reason, or available at particular times; or
  • your use of the Content or associated intellectual property will not infringe any third party’s intellectual property rights.

The Content shall in no way be construed to constitute a recommendation 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. NIWA recommends that you use the most current information available on either the Site or the NIWA Weather apps, and that you take appropriate and adequate security precautions when using the NIWA Weather Sites.

To the fullest extent permitted by law, NIWA (and its partners and licensors, including DOC) does not accept responsibility or liability to you or any third parties for in relation to the use of (or inability to access or use), or reliance on the NIWA Weather Sites and its Content.

You may have rights or remedies under consumer protection laws (including the Consumer Guarantees Act 1993 and Fair Trading Act 1986) which are not excluded nor limited by these Terms. If you are using the NIWA Weather Sites or Content for business purposes, the above exclusions and limits apply and the provisions of the Consumer Guarantees Act 1993 will not apply.

Changes to the NIWA Weather Sites

NIWA will update the Site regularly and may change, amend or remove or restrict access to any part of the Site (including any Content), at any time without notice or liability.

Changes to these Terms

NIWA has the right, at its sole discretion and at any time, to change or modify these Terms, and any such change will be effective immediately upon posting to the Site or releasing a new version of the relevant NIWA Weather app. If you are a frequent visitor to the Site or user of a NIWA Weather app, please review these Terms regularly. By continuing to access or use the Site or NIWA Weather apps, you agree to be bound by any amendments to the Terms.

Privacy

NIWA’s Privacy Policy sets out how NIWA collects, uses, discloses and stores your information, including information obtained via the NIWA Weather Sites through your registration or through cookies, log files and other technologies as relevant. Please read this Policy before using the NIWA Weather Sites.

By using this Site, you consent to NIWA using your information in accordance with this Privacy Policy.

General terms

These Terms and the NIWA Weather Sites shall be governed by and interpreted in accordance with New Zealand law. Any claims or disputes between us concerning these Terms and the NIWA Weather Sites will be subject to the non-exclusive jurisdiction of the New Zealand Courts.

NIWA’s rights under the Terms may be waived only in writing and specifically. If any provision in these Terms is deemed invalid, unenforceable or contrary to law, then that provision is replaced with one that will, as far as possible, match the intent of the original provision. The rest of the provisions in the Terms will continue to be binding.

These Terms were last updated in January 2022.