These terms and conditions govern all use of the Web Site and Services (as defined below). The use of the Web Site or a Service provided by Swellmap.com will be deemed to be acceptance of these terms and conditions. Swellmap.com may add to, remove or change the provisions of this agreement (or any additional terms and conditions relating to the Services) from time to time. All additions and changes may be notified by being posted on the Web Site. It is the responsibility of the user to refer to these additions and changes as they will come into effect immediately on being posted.

Disclaimer

Access to, and the availability of, the Web Site and the Services may be interrupted, restricted or delayed from time to time. Swellmap.com does not give any warranties of any kind, express or implied, in respect of the availability or performance of the Web Site and the Services.

Users of the Services acknowledge the uncertainty inherent in weather forecasts. While Swellmap.com uses all reasonable endeavours to ensure the accuracy of the information on the Web Site, the Information is provided 'as is' without warranties of any kind, express or implied, including accuracy, completeness, correctness, timeliness or fitness for any particular purpose.

Tide forecasts provided on the Web Site are not official tide forecasts as specified in NZ Maritime Rules Part 25 Nautical Charts and Publications (pursuant to Section 36 of the Maritime Transport Act 1994).

Although Swellmap.com uses reasonable endeavours to prevent the introduction of viruses or other destructive features to the Web Site and the Services, Swellmap.com does not guarantee or warrant that the Web Site or Services or materials that may be available from the Web Site do not contain such destructive features. Swellmap.com will not be liable for any damages or harm attributable to such features.

Prohibited Use

The Information is provided by Swellmap.com must not be resupplied, all or in part, to any other person or organisation. The Web Site and Services may only be used for lawful purposes.

Use of the Services

By registering as a User of the Service, the User warrants that the information provided for the purpose of registering to use the Service is true, current and complete.

Changes to the Web Site

Swellmap.com reserves the right to change, modify, suspend or discontinue any or all parts of the Web Site or any Service at any time. Swellmap.com reserves the right to restrict User access to parts or all of the Web Site or the Services without notice or liability. Swellmap.com also reserves the right to charge new or additional fees for access to any materials appearing on the Web Site or as part of a Service by posting a notice on the Web Site.

Protected Rights

The Information and the Web Site are protected under Intellectual Property laws of New Zealand and similar laws abroad. Unless otherwise stated, Intellectual Property rights in all Information published on the Web Site or made available through a Service, including, but not limited to, the textual material, artwork, photographs, computer software and audio and visual elements, are owned by Swellmap.com or its licensors. Information may only be used in the manner expressly permitted by this agreement. All other use, modification, alteration, resupply or enhancement is strictly prohibited.

Liability

Except to the extent that the law prohibits exclusion of liability by Swellmap.com, Swellmap.com shall not be liable for any loss, damage or expense (whether direct, indirect or consequential) incurred by a User or any third party through the acts or omissions of Swellmap.com, its employees or agents or through incomplete, unavailable or erroneous Information. To the full extent permissible by New Zealand law, Swellmap.com disclaims all responsibility for damages or losses (including, without limitation, financial loss, damages for loss of revenue, loss of profits or savings, indirect or consequential losses) arising in contract, tort (including negligence) or otherwise from use of, or inability to use, the Web Site or the Services, or any material appearing on the Web Site, or from any action or decision taken as a result of using the Web Site or the Services or any such material.

Material appearing on the Web Site may include advertising and other material submitted by parties other than Swellmap.com and the Web Site may provide links to other sites operated by advertisers and third parties. Those parties (and not Swellmap.com) are responsible for ensuring that such material and such sites comply with all relevant laws and regulations. To the full extent permissible by New Zealand law, Swellmap.com disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations. In cases where the law avoids or prohibits provisions which exclude liability, the liability of MetOcean Solutions Ltd shall not exceed the charge paid by the User for the Information that is the subject of the claim.

Consumer Guarantees Act

The User acknowledges that if the supply of any goods or service under this agreement is for business purposes in terms of the Consumer Guarantees Act 1993, the guarantees provided by that Act shall not apply to such goods or service. Where the supply of the Services is not a supply for business then any terms and conditions contained herein which reduce, limit or are contrary to the guarantees and remedies contained in the Consumer Guarantees Act shall be deemed to be omitted from these terms for the purposes of the Act. In such situations the warranties and guarantees set out in this agreement are in addition to the rights and remedies of the Customer under the Consumer Guarantees Act.

Termination

In the event that a User commits any breach of this agreement or that Swellmap.com believes on reasonable grounds that a User has breached this agreement, Swellmap.com may terminate access to the Web Site or any Service immediately without notice and without prejudice to other rights and remedies available to Swellmap.com. Upon termination the User shall immediately cease to use the Service and shall not attempt to gain further access to the Web Site or the Information.

Definitions and Interpretation

In this agreement, unless the context requires otherwise, the following expressions have the following meanings:

User: refers to a party that uses this Web Site and includes any party to which MetOcean Solutions Ltd issues User Identification for the purpose of accessing and using the Services and every person, authorised or unauthorised, who accesses or uses the Services by using that User Identification.

Information: means the oceanographic, meteorological and other information, including the format of the information, provided MetOcean Solutions Ltd on the Web Site or available through a Service from time to time.

Intellectual Property: means any patent, copyright, trademark, or design rights or any other intellectual property rights in any material.

Services: means the services made available to the User by MetOcean Solutions Ltd via the Web Site.

User identification: means a unique username and password.

Web Site: means the Internet website established by MetOcean Solutions Ltd that displays the Information and which can be accessed through use of appropriate communications facilities at URL: http://www.metocean.co.nz/forecast/. Headings are inserted for convenience and shall not affect the construction for this agreement. The singular includes the plural and vice versa.

Governing Law

This Agreement shall be governed and construed by the laws of New Zealand and the User must accept that any dispute will be dealt with under the laws of New Zealand and through the New Zealand courts.