API Terms and Conditions
Introduction
Thank you for your interest in our API. We aim to provide access to the highest quality weather data available and are excited to see what you can do with it to enhance your own products and services. Forecast API is developed by MetOcean Solutions, a division of the Meteorological Service of New Zealand Limited.
These API terms and conditions (API T&Cs) apply to your use of Data obtained through the MetOcean API Service (API) and form part of MetOcean’s general terms and conditions titled Terms of Use. If there is any inconsistency, these API T&Cs prevail to the extent of that inconsistency.
By clicking Accept Terms (or a similar box or button) or when you access our API, you are agreeing to comply with these API T&Cs (as amended by us from time to time) and must continue to comply each time you access or use our API, so please take the time to review these. If you are agreeing to these API T&Cs on behalf of another person, organisation or other entity, you confirm that you are authorised to, and do in fact, agree to these API T&Cs on behalf of that person, organisation or other entity. If you are a commercial customer, you must also comply with our general terms and conditions. If you subcontract the development of your application, you will procure that any third party subcontractor complies with these API T&Cs.
If you do not accept these API T&Cs, you are not authorised to access the APIs, and you must immediately stop your access and use.
1. Definitions
1.1 Capitalised words and phrases used in these API T&Cs have the meaning given in the Terms of Use.
1.2 Including and similar words do not imply any limit.
1.3 The following phrases have the stated meaning:
a. Application means the application for which you require API access.
b. Approved Purpose means the purpose specified in your Plan, or where no purpose is specified, in accordance with the terms of this agreement.
c. Attribution means the following italicised text: this data was provided by Meteorological Service of New Zealand Limited.
d. Data means any information and/or content which is made available by MetOcean via the API and includes, where applicable, Open Access Data.
e. End User means an end user of your Application that accesses or makes use of the API or Data.
f. Fees means the fees set out on the Plans and Pricing Page, as amended by us from time to time.
g. Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning and includes any enhancement or modification of the Intellectual Property.
h. Permitted User means any of your personnel who have a need to know, or access Data through the API, who are authorised to access and use the API on your behalf in accordance with clause 2.3.
i. Personal Information has the definition given to it in the Privacy Act 2020.
j. Plan means the plan you agree to upon signing up or switch to after signing up, as set out on the Plans and Pricing Page.
k. Plans and Pricing Page means the page set out at https://www.metocean.co.nz/weather-forecast-api, as amended by us from time to time.
l. Systems means network, operating system and the software of your web servers, databases and computer systems.
m. Usage Limits means the usage limits set out in your Plan, as amended by us from time to time as outlined on the Limits page of the supporting documentation.
n. We, us, our or MetOcean means MetOcean Solutions, a division of Meteorological Services of New Zealand Limited.
o. You or your means you as the user of our API or, if applicable, both you and the other persons, organisation or other entity on whose behalf you are acting.
2. API Use and Restrictions
2.1. You must register as a consumer of our API, when you register you must provide the necessary details and agree to receive occasional communication from us relating to the provision of the API and Data, including, but not limited to, security updates and notifications of outages. When you register, you must choose a Plan.
2.2. If you are issued access to the API upon registration as a consumer of the API, you are granted a non-sublicensable, non-exclusive, non-transferable licence to use the API in accordance with these API T&Cs solely for the Approved Purpose. You are responsible for the security and confidentiality of your access credentials to access the Data. We may require you at any time to provide more information about the purpose of your Application.
2.3. Without limiting the remainder of this clause 2:
a. You must access and use the API in accordance with your Plan, including its Usage Limits;
b. no individual other than a Permitted User may access or use the API;
c. you may authorise any member of your personnel to be a Permitted User and you must provide us with the Permitted User’s name and other information that we may reasonably require in relation to the Permitted User on our request;
d. you must procure each Permitted User’s compliance with the requirements set out under this clause 2 and any other reasonable condition notified by us to you;
e. a breach of any term or condition of these API T&Cs by your personnel (including, to avoid doubt, a Permitted User) is deemed to be a breach of the API T&Cs by you;
f. you acknowledge that you will ensure the compliance of Permitted Users who interact with or use the API or any Data on your behalf and agree that your organisation will be responsible for the acts and omissions of Permitted Users who interact with or use any API or Data. References to “you” and “your” is a reference to both you in your personal capacity and to your organisation; and
g. you must revoke access to the API for a Permitted User when personnel change.
2.4. You must ensure your End Users’ compliance with applicable law, regulation, and the API T&Cs.
2.5. You acknowledge that you obtain no right to the Data beyond that which is contemplated by these API T&Cs.
2.6. When using our API, you must follow security best practices for your Application and technologies, and be familiar with and take all reasonable steps to mitigate internet security risks.
2.7. Your use of the API must be fair, reasonable and/or not excessive (as determined by us). Excessive usage is outlined in the Limits page of the supporting documentation and is subject to change as required. Our determination may include considering average or estimated typical usage of the API or unfair loading on the MetOcean network or any underlying system. Without limiting the remainder of this clause, you must comply with any Usage Limits and your Plan. The Usage Limits are set and granted at our discretion, we may raise or lower the restriction limits at any time without notice or liability to you.
2.8. When you use and/or display the Data, you can include the relevant Attribution. The Attribution can be immediately above, below or beside the Data. MetOcean grants to you a non-transferable, non-sublicenseable, non-exclusive, revocable, license while you use our API in accordance with the API T&Cs to display MetOcean brand features for the purpose of promoting or advertising that you use the API. You agree that we have sole discretion to determine whether your Attribution and use of MetOcean’s brand features are satisfactory.
2.9. In addition to providing appropriate Attribution in accordance with clause 2.8, you must not use or display the Data or make any statement regarding your use of an API:
a. in a way that:
i. states or implies partnership with or sponsorship by MetOcean, or that MetOcean endorses you, your business, or any product or service without our prior written consent; or
ii. is misleading or deceptive or is likely to mislead or deceive;
b. through any means (including a website), in any way, for any purpose, or in conjunction with items (e.g., advertising), that is objectionable (in our sole opinion); and
c. where that Data is not current.
2.10. Your Systems must be properly configured to securely operate your Application and process Data.
2.11. If you use the API to enhance a service offered to an End User, you must ensure you operate that service and your Application:
a. lawfully and ethically; and
b. in a manner that does not damage or adversely affect our reputation or the reputation of the API.
2.12. Without limiting clauses 2.1 to 2.11 above, you must:
a. take all reasonable steps to keep Data secure from unauthorised use or access, including not sharing your access credentials or allowing others to use them;
b. follow security best practices for your Application, and be familiar with and take all reasonable steps to mitigate internet security risks;
c. notify us as soon as you become aware of any breach of security or unauthorised use of your access credentials (or unauthorised access to the API through your Systems);
d. comply with any guidelines or directions advised from time to time by MetOcean on the use of the API; and
e. comply with all applicable laws.
2.13. You must not use or access the API:
a. in any way which is misleading or deceptive (including being likely to mislead or deceive), infringes another person’s rights (including Intellectual Property Rights or privacy rights);
b. to copy, scrape or store any Data;
c. to modify or reverse engineer the API;
3. User Information and Data
3.1. In dealing with End Users’ Personal Information, you must comply with the Privacy Act 2020. By using our API, we may use submitted information in accordance with our privacy policy.
3.2. You must follow our instructions in relation to Data or Personal Information.
3.3. You agree to delete all Data:
a. when your access is terminated in accordance with clause 6;
b. when it is no longer required for your Application’s Approved Purpose; or
c. as we might otherwise direct you.
4. Intellectual Property
4.1. We (and our licensors) own all proprietary and Intellectual Property Rights in the API and the Data (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
4.2. If you provide us with ideas, comments or suggestions relating to the API or Data (together feedback):
a. all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
b. we may use or disclose the feedback for any purpose.
5. Fees
Your use of and access to the API is subject to you paying all applicable Fees (if any), and complying at all times with the API T&Cs.
6. Termination
6.1. You may stop using our API at any time with or without notice. Upon termination or discontinuation of your access to an API you must immediately stop all use of the API, cease all use of any MetOcean brand features and delete any cached or stored content.
6.2. At any time, MetOcean may:
a. discontinue or change an API, including making backwards-incompatible changes;
b. modify, add, replace, or upgrade any API; or
c. impose additional eligibility requirements or restrictions to access our API (Modification).
6.3. MetOcean will use reasonable efforts to notify you of any changes. Continued use of the API will be deemed to be your acceptance of any Modification.
6.4. If we determine that your Application is insecure or may pose a security risk MetOcean may, at its sole discretion, disable your access to the API or any portion or feature of your access thereto with or without prior warning to you.
6.5. Access to the API is at our discretion. We are able to permit, restrict or exclude your use of the API in any way, regardless of whether you are in breach of the API T&Cs or not.
7. Liability and Indemnity
7.1. You acknowledge that some of our API involve the use of our Data and Data belonging to third parties. MetOcean gives no warranties or representation about the API or the Data and does not promise that the API or the Data will:
a. be available, accurate or current;
b. meet your requirements or be suitable for a particular purpose; or
c. be free or viruses or other harmful code, uninterrupted or error-free.
7.2. You acknowledge the uncertainty inherent in forecasts and predictions and agree that, to the maximum extent permitted by law, MetOcean shall not be liable for any direct or indirect loss, damage, or expense incurred by you, a Customer, or a third party as a result of any forecast or prediction provided being or purportedly being wholly or partially incorrect. You indemnify MetOcean from and against any claim, action, or proceeding made by, or any loss, cost or expense payable to, any third party including a Customer or other end-user arising from, or in connection with, your or any Customer’s use or distribution of, or reliance on, the API.
7.3. To the maximum extent permitted by law:
a. you access and use the API at your own risk; and
b. MetOcean is not liable or responsible to you or any other person for any claim, damage, loss, liability, and cost under or in connection with these API T&Cs, the API, or your (or your End Users’) access and use of (or inability to access or use) the API. This exclusion applies regardless of whether MetOcean’s liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.4. To the extent clause 7.2 doesn’t apply, and if our liability to you or any person under these API T&Cs, or in connection with the API cannot be excluded, it is limited to NZ$100.00.
7.5. MetOcean is not liable under or in connection with these API T&Cs or in connection with the API for any:
a. loss of profit, revenue, savings, business, data and/or goodwill; or
b. consequential, indirect, incidental or special damage or loss of any kind.
7.6. You agree and represent that you are using the API, and accepting these API T&Cs for the purposes of trade. You agree that, to the maximum extent permitted by law, the Consumer Guarantees Act 1993 and any other applicable consumer protection legislation does not apply to the supply of the API and that it is fair and reasonable that the parties are bound by this clause 7.5.
7.7. You agree to release, indemnify and keep MetOcean indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with:
a. your failure or an End User’s failure to comply with these API T&Cs;
b. your misuse or an End User’s misuse of the API; and
c. your Application, or any use of your Application, including your relationships or interactions with any End User.
8. General
8.1. We will use reasonable efforts to provide the support services set out in your Plan.
8.2. We may provide you with support for the API at our sole discretion and we may stop providing support to you at any time without notice or liability to you. We are not obliged to provide any training, support, or technical assistance for the Application, the Data or the API directly to your End Users and we have no obligation to fix or respond to errors you may encounter.
8.3. You acknowledge that MetOcean may monitor any API activity from its own systems for the purpose of ensuring quality, improving MetOcean products and services, and ensuring compliance with these API T&Cs.
8.4. We may publicly refer to you, orally or in writing, as a user of our API and/or user of the Data. Unless you inform us otherwise, we may also publish your name and/or logo in promotional materials without additional consent or notice to you.
8.5. These API T&Cs are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
8.6. If any part or provision of these API T&Cs is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability, or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these API T&Cs. The remainder of these API T&Cs will be binding on you.
8.7. We will continue to update these API T&Cs as our API evolves and develops. You or your Application’s continued use of the API will constitute your acceptance of the updated API T&Cs.