NIWAData – ACCESS TERMS

GRANT AND SCOPE

NIWA has developed an Environmental Data Subscription Service (“NIWAData”). NIWA grants the User a non-exclusive, non-transferable licence to access to NIWAData in accordance with these terms.

 

By accessing this service the User agrees to these Access Terms. The User may access NIWAData, any Information and/or associated Intellectual Property for their own internal purposes and staff only.

The User must not at any time:

  • publish, sell, licence, extract or otherwise part with possession of the whole or any part of the Data or any User Product to any third party;
  • provide the Data to (or allow the provision of the Data to, or access of the Data to) any agents or sub-contractors of the User; or
  • sub-licence all or any part of the Data to any person, nor purport or attempt to do so;
  • where the User wishes to develop a product or service based on the data, then the User should contact NIWA to discuss.

 

ACCESS

NIWA will provide the User with password-controlled web-based access via the Users device. To support validation NIWA will limit the registration to the email address provided by the User. NIWA may collect that information about the User, and hold any such information at either NIWA’s registered, or Wellington regional offices. NIWA may use this information for statistical analysis, to provide services to the User, for marketing services or for research and development purposes. In managing that information, NIWA will comply with the provisions of the Privacy Act 1993.

 

SERVICE LEVELS

NIWA will use reasonable endeavours to provide access to NIWAData 24-hours per day, subject to reasonable maintenance windows. NIWA will use reasonable endeavours to resolve any unavailability as soon as it can within working hours. NIWA’s goal is to ensure that NIWAData is available with 98.5% uptime during working hours on an annualised basis. From time to time it will be necessary for NIWA and/or its upstream providers to carry out work on NIWAData infrastructure in order to maintain and enhance its performance and security. NIWA therefore reserves the right to schedule periods of downtime to allow such work to be carried out. This downtime will normally be scheduled for periods of least impact to Users and they will be notified in advance.

 

SUPPORT

NIWA will provide email and phone support during working hours for the purpose of logging technical issues. NIWA will resolve the issues based on a best endeavours basis.

 

LIMITATION AND LIABILITY

While NIWA uses all reasonable endeavours to ensure the accuracy of the information provided by NIWAData, the information is provided “as is” without warranties of any kind, either express or implied, including 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; or
  • the information may be used for any particular purpose, or give any particular results or outcomes; or
  • the flow or provision of the information from NIWA will be continuous, or available at particular times; or
  • the information or associated intellectual property will not infringe any third party’s intellectual property rights.

 

The User assumes the sole risk of assessing, evaluating, interpreting and applying the Information and that NIWA is not in any way liable for any loss, damage or injury suffered by the User, or any other person (whether in contract, tort (including negligence) or otherwise) due to the User’s use or possession of the Information or Licensed Intellectual Property or the existence of any errors therein.

 

NIWA accepts no liability for any interference with or damage to a User’s computer system, software or data occurring in connection with or relating to this service or its use. Users are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this site is free of viruses or other contamination that may interfere with or damage the User’s computer system, software or data.

 

SUSPENSION AND TERMINATION

If NIWA, upon reasonable grounds, believes that the User is breaching any term, including the terms and conditions of access, it reserves the right to immediately, and without notice to the User, suspend the User’s access.

 

NIWA may terminate access, if the User breaches any of the terms of this Agreement and fails to remedy this breach to NIWA’s satisfaction within 5 days of receiving notice.

 

CONFIDENTIALITY AND INTELLECTUAL PROPERTY

All proprietary rights (including all Intellectual Property rights) in, or associated with, the Data, Information and Services are, and shall remain, vested solely in NIWA (or any other relevant third party who has contributed Intellectual Property for which NIWA acts as custodian). The licence contained within these Terms does not give the User (by implication or otherwise) any right to, or interest in, the Information or associated Intellectual Property other than the limited licence contained within this Agreement. Any rights not specifically granted in this Agreement are reserved by NIWA.

 

BROWSER SUPPORT

NIWAData is optimised for use in the following browsers, and technical support is available for users of these browsers (or newer versions of these browsers) only:

 

•             Internet Explorer 10

•             Firefox 30

•             Chrome 35

•             Safari 6.1

•             iOS 7

 

It is recommended that Android users view NIWAData in Chrome.