Terms & Conditions for use of Fire and Emergency New Zealand’s Fire Weather Website

Information about us

The Site is hosted by the National Institute of Water and Atmospheric Research Limited (NIWA) on behalf of Fire and Emergency New Zealand.

Agreement to terms of use

Unless stated otherwise, these terms and conditions of use (Terms of Use) apply to your use of the website https://fireweather.niwa.co.nz (Site).

By using the Site, you indicate that you accept these Terms of Use and that you agree to abide by them.  If you do not agree to these Terms of Use, Fire and Emergency New Zealand do not give you permission to use 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.

Ownership of the Site Content

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 Fire and Emergency New Zealand and NIWA.

Use of the Content

Fire and Emergency New Zealand grants you a non-exclusive licence to use and copy this website, which includes the public display of the website.  You agree that where you use or copy the website, you will attribute the website to Fire and Emergency New Zealand by ensuring that the Fire and Emergency New Zealand logo is visible at all times.  You acknowledge that you will not copy, modify or adapt the content of this website.

Save as expressly provided in these Terms of Use and any licence granted to you by Fire and Emergency New Zealand, 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 Fire and Emergency New Zealand or NIWA.  You must not use any Fire and Emergency New Zealand or NIWA branding devices (including but not limited to Fire and Emergency New Zealand or NIWA logos or logos/descriptions associated with specific services) without the prior written consent of Fire and Emergency New Zealand or NIWA.

The National Fire Weather System is licensed for use by Fire and Emergency New Zealand Related Parties under the provisions of the Fire and Emergency New Zealand Act 2017.

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, is fraudulent, or has any unlawful or fraudulent intent, purpose or effect;

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.

Notwithstanding the above, Fire and Emergency New Zealand may, in its sole discretion, 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 meteorological, data available on this Site.  Fire and Emergency New Zealand recommends that you exercise your own skill and care with respect to your use of the Content.

While Fire and Emergency New Zealand 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, neither Fire and Emergency New Zealand nor NIWA 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 on the website 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 Fire and Emergency New Zealand or 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 Fire and Emergency New Zealand and NIWA are not in any way liable (and expressly disclaims liability) for any loss, damage or injury suffered by you or any other person (whether in contract, tort (including negligence) or otherwise) whatsoever arising from, or connected to, your 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, from the Site for the purposes of your usual trading activities, or a business, the provisions of the Consumer Guarantees Act 1993 and Fair Trading Act 1986 do not apply; and
• Fire and Emergency New Zealand's or NIWA’s liability to the user for a breach of any condition or warranty is limited to, at their 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.

Fire and Emergency New Zealand and NIWA accept 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

Fire and Emergency New Zealand will update the Site regularly and may change, amend or remove Content at any time without notice.

Changes to these Terms of Use

Fire and Emergency New Zealand 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.

Information about you and your visits to the Site

Fire and Emergency New Zealand and NIWA abide by the requirements and principles of the Privacy Act 1993.

When you use the Site, a "cookie" (small piece of data stored on a user’s computer or other device tied to non-personal information about the user). Cookies are used to store a user’s preferences, to record session information, and where they are required for particular features of the Site to work. Users can disable cookies in their web browser settings and/or delete them from their computer’s hard drive. Users do not need to have cookies turned on to use the Site, but some online services, features or functions of the Site may not function properly if the cookies are turned off.

In providing our services Fire and Emergency New Zealand and NIWA may collect 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.