Terms and Conditions

About NIWA

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

Agreement to terms of use

Unless stated otherwise, these terms and conditions (Terms of Use) apply to your use of all websites operated by NIWA and all associated online services linked to those websites (collectively the Site).  

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

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. 

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.

Links to other websites

The Site contains links to websites maintained by others (Third Party Sites). These links are not an endorsement by NIWA of the content on those Third Party Sites. NIWA is not responsible for the content of linked Third Party Sites or for any loss or damage that may arise from your use of them and does not make any representations regarding the content or accuracy of materials on such Third Party Sites.

Ownership of content on the Site

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

With the exception of the excluded items set out below, NIWA grants you a worldwide, royalty-free, non-exclusive licence to use the Content (Licensed Content) under the terms of:

(i)                  the Creative Commons Licence "CC-BY" (available via this link: https://creativecommons.org/licenses/by/3.0/nz/), with respect to Licensed Content accessed via NIWA’s Environmental Information Browser, and

(ii)                the Creative Commons Licence "CC-BY-NC-ND" (available via this link: https://creativecommons.org/licenses/by-nc-nd/4.0/), with respect to Licensed Content accessed via any other online services operated by NIWA.

 

That licensing is in accordance with the New Zealand Government Open Access and Licensing framework (NZGOAL), details of which can be found at: http://www.ssc.govt.nz/nzgoal and http://ict.govt.nz/guidance-and-resources/information-and-data/nzgoal/

Further detail as to the use and terms of that licence (including any additions or modifications) is provided at the point of access for applicable data.

The following Content is excluded from the Licensed Content and may not be downloaded, used, copied or adapted by you using the licence detailed above:

  • Any Content which is expressly governed by different licence terms, for example certain software made available on or through the Site;
  • Any Content for which payment is required; and
  • Any Content which is identified as belonging to someone other than NIWA.

Where you are accessing Content that is expressly governed by its own terms – including without limitation payment and/or licence terms (Service Specific Terms), you will be bound by:

  • The Service Specific Terms which apply to that Content (including the terms of any applicable licence); and
  • These Terms of Use, but only to the extent they do not conflict with the Service Specific Terms.

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 (including without limitation the Copyright Act 1994, Crimes Act 1961 and Electronic Messages Act 2007), or has an unlawful intent or effect; or
  • in any way that is fraudulent (or has a fraudulent intent or effect);or
  • to distribute any material that contains viruses, trojan horses or any other harmful programs or similar computer code designed to compromise the operation of any computer software or communications network or hardware.

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.

Disclaimer

You acknowledge that there is inherent uncertainty in environmental, climatological, meteorological, aquacultural and other scientific data available on or through the 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:

  • the information contains no errors, is complete or up-to-date;
  • the information may be used for any particular purpose, or give any particular results or outcomes;
  •  the flow or provision of the information from NIWA will not be interrupted for whatever reason, or available at particular times; or
  • the information or associated intellectual property will not infringe any third party’s intellectual property rights.

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 the user or any other person (whether in contract, tort (including negligence) or otherwise) whatsoever arising from, or connected to, the user’s 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:

  • You agree that where you are obtaining information, support services or associated intellectual property from the Site for the purposes of your usual trading activities, or a business, the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply; and
  • NIWA’s liability to the user for a breach of any condition or warranty is limited to, at NIWA’s sole discretion, the replacement of the information or support services purchased by the user or the payment of the cost of replacing the information or support services purchased by the user.

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.

Information about you and your visits to the Site

NIWA abides by the requirements and principles of the Privacy Act 1993.  These Terms of Use incorporate NIWA's Privacy Policy.

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.