Terms of Service
NIWA DataHub Terms
These terms and conditions (DataHub terms) set out the particular terms and conditions governing NIWA DataHub (data.niwa.co.nz), including the terms on which we supply data and derived data products (data) to users through NIWA DataHub.
These DataHub terms apply in addition to any relevant data licence terms and conditions (see section 3 for more details), our general web terms of use (General terms) and our Privacy Policy. If there is any inconsistency between the DataHub Terms and the General terms then these DataHub terms will prevail to the extent of any inconsistency. Please read these DataHub terms as well as the data licence terms and conditions, the General terms and Privacy Policy carefully.
In these DataHub terms, any person who accesses or uses NIWA DataHub is referred to as you or your and, where a person creates a Public Account or Business Account, you and your will also refer to the entity for which that the account has been established.
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ABOUT US AND NIWA DATAHUB
NIWA DataHub is a platform operated by the National Institute of Water and Atmospheric Research Limited (NIWA, us or we) under which we provide access to a range of our digital climate, marine and freshwater data. The data available via NIWA DataHub may be limited to a certain geographical area and/or quantity: any such limitations will be clearly signposted for users on the platform, and, in accordance with our Privacy Policy, we may check users’ compliance with those limitations and any other applicable access or use restrictions on the data.
We are a New Zealand Crown Research Institute registered in New Zealand under company number 550957, and have our registered address at 82 Wyndham Street, Auckland 1010, New Zealand. Our GST number is 059-456-466.
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ABOUT THESE TERMS
By accessing and using NIWA DataHub, you agree to comply with these DataHub terms, the General terms and our Privacy Policy. If you do not agree to these DataHub terms, the General terms or our Privacy Policy, then you must not use NIWA DataHub.
We update these DataHub terms, the General terms and Privacy Policy from time to time and will post the date of any material update at the end of the applicable terms. You should review these DataHub terms, the General terms and Privacy Policy regularly to check for updates. Your continued use of NIWA DataHub after we have posted the modified terms will be taken as your agreement to them.
Please note that the General terms include details about your responsibilities as an account holder, how we sell services or products via our web applications, the warranties we give and our liability in the event of a claim against us, so please review those terms carefully.
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LICENSED DATA
We licence the data that is available via NIWA DataHub, and your use of the data and our obligations to you in relation to it will be subject to the relevant licence terms and conditions (which may include a payment price) applicable at that time. Generally, different licence types will apply depending on the purposes for which you are obtaining and using the data, which you will indicate when purchasing the data, as well as your specific account type (see section 4 for more details on the account types). More information on the use rights and restrictions for the different licences can be found here, along with copies of the licences themselves.
In addition to these DataHub terms, the General terms and our Privacy Policy, by obtaining data you agree to the relevant licence terms that we notify you of, so it is important that you read through the licence terms carefully.
Where you wish to obtain data under a different licence or through a different format than what is available on NIWA DataHub, then you can submit a request to us through https://data.niwa.co.nz/pages/contact or send us an email.
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YOUR ACCOUNT
To download data from NIWA DataHub, you will need to register an account with us. When setting up your account, you will need to register a Personal, Public or Business account (as defined below). You are responsible for selecting the correct account type. You agree that you will set up one account for the purpose of using NIWA DataHub and will not use set up multiple accounts for your own use (where you have a Personal Account) or for the organisation that you represent (where you have a Public Account or Business Account). If you set up more than one account in contravention of these DataHub Terms, then we may suspend or delete any or all of your accounts and may take steps to prevent you accessing NIWA Datahub and the data in future.
The three account types are:
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Personal account
You should register a Personal account if you are an individual and obtaining the data solely for your own use (including meeting the course requirements of an educational institute in which you are enrolled) and not for any community or commercial purposes. If you are a student enrolled at an educational institute, then you may register a Personal account.
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Public account
You should register for a Public account if you are an employee, director, agent or representative of any of the below organisations and will be using the data for your work within that organisation:
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a public service agency as listed in Schedule 2 of the Public Service Act 2020 or an equivalent core government entity created under similar legislation overseas
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a local authority in New Zealand or an overseas equivalent authority
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a non-profit organisation or a charitable or non-governmental organisation with recognised legal status in New Zealand or the country where you are located
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an educational establishment as defined in the New Zealand Copyright Act 1994 or a recognised educational establishment created under legislation overseas
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a local or overseas inter-governmental agency or organisation; or
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other organisation that operates primarily for a non-profit and community purpose.
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Business account
You should register for a Business account if you are a sole trader or an employee, director, agent or representative of a body corporate or other form of organisation that operates for a commercial purpose and does not fall within the definition of either the Personal or Public accounts above. Crown Research Institutes and State Owned Enterprises fall within this account category.
When setting-up an account, you will also need to specify whether you reside in New Zealand (where you are registering a Personal account) or are a New Zealand-based entity or if you are based overseas (where you are registering a Public or Business account).
By registering an account for NIWA DataHub, you agree and that:
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you will register the correct account type; and
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if you are registering a Public or Business account, then you represent and warrant that you have the legal authority to bind the entity on whose behalf you are agreeing to these DataHub terms, the General terms and our Privacy Policy.
If you are unsure of your account type or wish to delete your account, please contact us for assistance using the links below.
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GOVERNING LAW OF THE TERMS
These NIWA DataHub terms will be governed by and interpreted in accordance with New Zealand law, and we both agree to the exclusive jurisdiction of the courts of New Zealand.
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CONTACT US
If you have any questions about NIWA DataHub and these terms, you can contact us via email or submit a request through https://data.niwa.co.nz/pages/contact.
These terms were last updated August 2024