These terms and conditions govern all use of the App and Services (as defined below). The use of the App or a Service provided by MetOcean Solutions Ltd (MSL) or TopCat Creatives Ltd (TCL) will be deemed to be acceptance of these terms and conditions. MSL or TCL 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 app. It is the responsibility of the user to refer to these additions and changes as they will come into effect immediately on being posted.
Access to, and the availability of, the App and the Services may be interrupted, restricted or delayed from time to time. MSL or TCL does not give any warranties of any kind, express or implied, in respect of the availability or performance of the App and the Services.
Users of the Services acknowledge the uncertainty inherent in weather forecasts. While MSL and TCL uses all reasonable endeavours to ensure the accuracy of the information on the App, 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 App 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 MSL and TCL uses reasonable endeavours to prevent the introduction of viruses or other destructive features to the App and the Services, MSL and TCL do not guarantee or warrant that the App or Services or materials that may be available from the App do not contain such destructive features. MSL or TCL will not be liable for any damages or harm attributable to such features.
The Information is provided by MSL and TCL, and must not be resupplied, all or in part, to any other person or organisation. The App and Services may only be used for lawful purposes.
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.
MSL and TCL reserves the right to change, modify, suspend or discontinue any or all parts of the App or any Service at any time. MSL and TCL reserves the right to restrict User access to parts or all of the App or the Services without notice or liability. MSL and TCL also reserves the right to charge new or additional fees for access to any materials appearing on the App or as part of a Service by posting a notice on the App.
The Information and the App 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 App 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 MSL and TCL 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.
Except to the extent that the law prohibits exclusion of liability by MSL or TCL, MSL or TCL 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 MSL or TCL, its employees or agents or through incomplete, unavailable or erroneous Information. To the full extent permissible by New Zealand law, MSL and TCL 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 App or the Services, or any material appearing on the App, or from any action or decision taken as a result of using the App or the Services or any such material.
Material appearing on the App may include advertising and other material submitted by parties other than MSL or TCL and the App may provide links to other sites operated by advertisers and third parties. Those parties (and not MSL or TCL) 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, MSL and TCL 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 or TopCat Creatives Ltd shall not exceed the charge paid by the User for the Information that is the subject of the claim.
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.
In the event that a User commits any breach of this agreement or that MSL or TCL believes on reasonable grounds that a User has breached this agreement, MSL or TCL may terminate access to the App or any Service immediately without notice and without prejudice to other rights and remedies available to MSL or TCL. Upon termination the User shall immediately cease to use the Service and shall not attempt to gain further access to the App or the Information.
You agree to pay for all charges and fees incurred on the Apple ID or Google Play ID that you are signed-in on your device while using the App. All fees and charges are nonrefundable and will be charged to the iTunes/App Store or Google Play Store at the time of purchase. Monthly subscriptions automatically renew unless the subscription is turned off through the iTunes/App Store or Google Play Store at least 24 hours before the end of the current subscription period. Subscriptions and auto-renewals may be managed by the user in the iTunes/App Account or Google Play Store Settings after purchase is made. If there are monthly fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process at the start of the monthly period, and will auto-renew each month until your subscription is terminated.
This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use this App and Services.
This personal information is specifically a username (email address) and password, and is only used for the purpose of uniquely identifying to provide App features and Services. This information is not used by anyone else.
Other information that we retain which is linked to your account is your custom settings within the App such as Alerts and Settings. This information is not used by anyone else.
The App does use third party services that may collect information used to identify you. These third party services include but are not limited to Google AdMob and Google Analytics.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. This Service does not use these “cookies” explicitly. However, the App may use third party code and libraries that use “cookies” to collect information and improve their services.
Local Storage stores small amounts of data similar to cookies on your device to help the App provide a better user experience. An example is storing the user's favourite locations.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
In this agreement, unless the context requires otherwise, the following expressions have the following meanings:
User: refers to a party that uses this App and includes any party to which MetOcean Solutions Ltd or TopCat Creatives 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 by MetOcean Solutions Ltd or TopCat Creatives Ltd on the App 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 or TopCat Creatives Ltd via the App.
User identification: means a unique username and password.
App: means SwellMap Surf app, SwellMap Boat app and WeatherMap app established by MetOcean Solutions Ltd and TopCat Creatives Ltd that display the Information and which can be accessed through use of appropriate communications facilities. Headings are inserted for convenience and shall not affect the construction for this agreement. The singular includes the plural and vice versa.
Apple ID, Google Play ID, iTunes/App Store and Google Play Store are inserted for convenience and shall not affect the construction for this agreement.
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.