Terms of Use

1.

Your use of this Website and related services

1.1

These Terms apply to your use of this Website, any Service, and the Information.  By accessing and using this Website, a Service, or the Information, you:

a    accept these Terms; and

b    where your access and use is on behalf of another person (e.g. a company), confirm you are authorised to,
      and do in fact, accept these Terms on that person’s behalf and that person is bound by these Terms.

1.2

If you do not accept these Terms, you are not authorised to access and use the Website, the Service, or the Information, and you must immediately stop your access and use.

2.

Changes

2.1 MetOcean may change these Terms at any time by updating them on the Website, including (without limit) updating or adding new fees for access and use of a Service or the Information.  Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to use this Website, the Service or the Information following an update, you agree to be bound by the changed Terms.
2.2

MSL reserves the right to change, modify, suspend or discontinue any or all parts of the Web Site or any Service at any time. MSL reserves the right to restrict User access to parts or all of the Web Site or the Services without notice or liability. MSL 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.

2.3

These Terms were last updated on 31 March 2015.

3.

Definitions

 

In these Terms, the following phrases have the stated meaning.

Information means any information or data made available on this Website or via a Service.

Loss means any and all claims, damages, loss, liability and costs (including, without limit) legal costs on a solicitor and own client basis.

MetOcean means MetOcean Solutions Limited and includes any related company as that phrase is defined in the New Zealand Companies Act 1993.

Open Access Data means

a    any Information described as “Open Access” on the Website; and/or

i     3 hourly tile data to zoom level 7 from wxTiles.

Service means any service made available to you by MetOcean via the Website, including (without limit) any email service or subscription, for example MetOceanView, WXTiles, WXRoutes etc. 

Service Specific Terms means any additional terms and conditions that apply to a particular Service.

Terms means these terms and conditions titled Terms of Use and includes any Service Specific Terms for a Service.

User ID means a unique username and/or password.

Website means metoceanview.com, www.metocean.co.nz or any other website established by MetOcean.

You (and Your) means the person accessing or using this Website, the Service and/or the Information.

4

Access to Information

4.1

MetOcean authorises you, on a non-exclusive and non-transferable basis, to access and use this Website, the Services and the Information for lawful purposes and in a lawful manner, and in accordance with these Terms.

4.2

Unless clause 4.3 applies, you must:

You agree to use the Information for authorised use only and must not use all or any part of the information for any commercial purpose other than authorised in specific terms and conditions.

Not re-supply, alter, publicly display, or distribute (whether for consideration or otherwise) all or any part of the Information.

4.3

The restriction in clause 4.2 does not apply to any Open Access Data provided that when you make commercial or professional use of that Information, you must:

a    not alter the text of the Information;

b    include the following attribution immediately above, below or beside the Information in a font size no
      smaller than the Information:

This [product/service] uses information made freely available by MetOcean.  Despite this, MetOcean is not associated with, and does not endorse, [Insert your name/name of business] or this [product/service].

c     if the Information is incorporated into another product or service, acknowledge MetOcean as the supplier of
      the Information in the product or service terms and in the manner required by MetOcean; and

d    not use the Information in a way that:

i    states or implies that MetOcean endorses you, your business, or any product or service; and

ii    without limiting clause 4.1, is misleading or deceptive or is likely to mislead or deceive.

4.4

It is your responsibility to determine whether clause 4.2 or 4.3 applies to the Information that you are using.  If you are using different types of Information, you acknowledge that clause 4.2 may apply to some types of Information and clause 4.3 to other types.

5

Your Responsibilities

5.1

If you register for a Service, you must:

a    comply with any applicable Service Specific Terms (in addition to these Terms); and

b    provide true, current and complete information, and must promptly update that information as required so
      that the information remains true, current and complete.

5.2

If, to access and use a Service or Information, MetOcean provides you with, or you must create, a User ID, you must keep the User ID secure.  You must:

a    not permit any other person to use your User ID, including (without limit) disclosing or providing it to any
      other person; and

b    immediately notify MetOcean if you become aware of an unauthorised use or disclosure of your User ID, by
      sending an email to enquiries@metoceanview.com.

5.3

You warrant that any information, feedback and comment provided by you on or to this Website is true, complete and accurate.

5.4

You must:

a    not to act in a way, or use, or attempt to damage, interfere with or introduce anything (including, without
      limit, any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other feature for any purpose)
      that in any way compromises this Website, any Service, the Information, or any network or system underlying
      or connected to this Website or any Service; and

b    access the Website, any Service and the Information via standard web browsers only and not by any other
      method (including, without limit, by scraping, deep-linking, harvesting, data mining, use of a robot or
      spider, automation, or any similar data gathering, extraction or monitoring method).

5.5

You must obtain MetOcean’s written permission to establish a link to the Website.  If you wish to do so, email your request to enquiries@metoceanview.com.

5.6 You indemnify MetOcean against all Loss that MetOcean suffers or incurs as a direct or indirect result of your failure (and the failure of any person who accesses and uses the Website, a Service, or the Information using your User ID) to comply with these Terms.

6.

Fees

 

MetOcean (and its licensors) own all proprietary and intellectual property rights in the Website, and any Service (including (without limit) all text, graphics, artwork, photographs, logos, icons, sound recordings and look and feel), the Information, the underlying software and any data or material forming part of the Website, a Service or the Information.

7

Intellectual property

7.1

MetOcean (and its licensors) own all proprietary and intellectual property rights in the Website, and any Service (including (without limit) all text, graphics, artwork, photographs, logos, icons, sound recordings and look and feel), the Information, the underlying software and any data or material forming part of the Website, a Service or the Information.

7.2

Except to the extent expressly permitted by these Terms, you must not adapt, copy, distribute, display, publish, reproduce or create derivative works from any part of this Website, a Service or the Information.

8

Disclaimers

8.1

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

Users of the Services acknowledge the uncertainty inherent in weather forecasts.

While MSL uses all reasonable endeavours to ensure the accuracy of the information on the Web Site, 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.

8.2

To the extent permitted by law, MetOcean (and its licensors) has no liability or responsibility for any Loss in connection with:

a    the Website, a Service or the Information being unavailable (in whole or in part) or delayed from time to
      time; 

b    any exposure to viruses or other forms of interference which may damage your computer system or expose
      you to credit card fraud when you access or use this Website, a Service or the Information.  To avoid doubt,
      you are responsible for ensuring the process you use to access and use this Website, a Service or the
      Information protects you from this;

c     any site linked from this Website.  Any links on this Website to other sites does not imply any MetOcean
      endorsement, approval or recommendation of, or responsibility for, those sites or their contents,
      operations, products or operators; and

d     any tide information or forecasts.  (Tide information or forecasts on this Website or in a Service are not official
       tide data, which is set out in Maritime Rules Part 25 Nautical Charts and Publications).

8.3 MetOcean makes no representation or warranty that the Website, any Service, or the Information is appropriate or available for use in all countries or that the content satisfies the laws of all countries.  You are responsible for ensuring that your access to and use of this Website, a Service, or the Information is not illegal or prohibited, and for your own compliance with applicable local laws.

9.

Liability

9.1

Except to the extent that the law prohibits exclusion of liability by MSL, MSL shall not be liable for any loss, damage or expense (whether direct, indirect or consequential) incurred by a User or any third party through the acts or omissions of MSL, its employees or agents or through incomplete, unavailable or erroneous Information.

To the full extent permissible by New Zealand law, MSL 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 use of, or inability to use, the Web Site or the Services, or any material appearing on the Web Site, or from any action or decision taken as a result of using the Web Site or the Services or any such material.

9.2

Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be contracted out of.  To the extent that MetOcean’s liability cannot be excluded but can be limited under that Act or law, MetOcean’s liability is limited (at MetOcean’s option) to:

a    the fees paid for the relevant Service or Information; or

b    the cost of reperforming the Service or remedying, repairing, enhancing or replacing the defective
      Information.

9.3 To the maximum extent permitted by law and only to the extent clauses 9.1 and 9.2 of these Terms do not apply, MetOcean’s total liability to you under or in connection with these Terms, the Website, the Services, or the Information, or your access or use (or inability to access or use) this Website, the Services or the Information, must not exceed the lesser of the fees paid by you for the Service or Information the subject of the claim or NZD$500. 

10.

Privacy

10.1

When you provide personal information to MetOcean, it will comply with the New Zealand Privacy Act 1993.

10.2

The personal information you provide to MetOcean (including, without limit, information provided when you register to use a Service) is collected and may be used for statistical analysis, the marketing by MetOcean of other products and services to you, to provide Services to you, credit checks, and research and development.

10.3 MetOcean may collect personal information through the use of cookies.  Cookies are alphanumeric identifiers that MetOcean transfers to your computer’s hard drive to enable MetOcean systems to recognise your browser.  If you want to disable cookies, you may do so by changing the settings on your browser.  However, if you do so, you may not be able to use all of the functions on this Website.
10.4 MetOcean’s Privacy Policy (as updated from time to time by MetOcean) applies to your personal information.

11.

Termination

11.1

Without prejudice to any other right or remedy available to MetOcean, if MetOcean considers that you have breached these Terms or MetOcean otherwise considers it appropriate, it may immediately, and without notice, suspend or terminate your access to the Website, any Service, or the Information. 

11.2

On suspension or termination, you must immediately cease using the Website, the Service or the Information and must not attempt to gain further access.

12.

General

12.1 If MetOcean needs to contact you, it may do so by email or by posting a notice on this Website.  You agree that this satisfies all legal requirements in relation to written communications.
12.2

These Terms are governed by and construed in accordance with the laws of New Zealand and are subject to the non-exclusive jurisdiction of the New Zealand courts.

12.3

If MetOcean does not exercise or enforce any rights available to it under these Terms, it does not constitute a waiver of those rights.

12.4

If any part or provision of these Terms is illegal, invalid, or unenforceable, 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.

12.5

These Terms supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement between you and MetOcean relating to the subject matter of these Terms.