Terms & Conditions

Terms

Summary of key points

1.    Introduction

1.1.   (These Terms) These Terms govern your use of the Developer.Vic Portal operated by the Department of Premier and Cabinet, Victoria (ABN 36 081 905 761) (DPC, we, us).

These Terms govern your use of the Developer.Vic Portal.

1.2.   (Developer.Vic Portal) The Developer.Vic Portal is this website, available at https://developer.vic.gov.au, which contains the API Catalogue, a library of APIs from across the Victorian Government. The Developer.Vic Portal provides developers with tools and resources to access the APIs in the API Catalogue and integrate with Victorian Government data. 

This website is the Developer.Vic Portal.

1.3.   (Who these Terms apply to) By registering for and using the Developer.Vic Portal, you agree to these Terms, our Acceptable Use Policy and Privacy Statement, and any applicable API Licence Terms notified to you by us. 

When you sign up for and use our Developer.Vic Portal, you agree to these Terms. 

1.4.   (Stop using Developer.Vic Portal if you don’t agree to Terms) You must stop using the Developer.Vic Portal if you do not agree to these Terms.

Do not use the Developer.Vic Portal if you don’t agree to these Terms.

1.5.   (Use on behalf of an organisation) If you are using the Developer.Vic Portal on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to the Terms and by accepting the Terms, you are doing so on behalf of that organisation (and all references to "you" in the Terms refer to that entity).

You confirm that you have authority to act on behalf of your organisation.

1.6.   (Restrictions on who can use the APIs)  You cannot accept the Terms and cannot use the Developer.Vic Portal if:

(a)        you are not of legal age to form a binding contract with us; or

(b)        you are barred from using or receiving the APIs under any applicable law, including the law of other countries and the country in which you are resident or from which you use the APIs.

Some people are restricted from using the APIs.

1.7.   (Specific terms for consumers) If you are consuming APIs, you also agree to the Additional API Consumer Terms set out in clause 11 below. 

There are some additional terms for API consumers to agree to. 

1.8.   (Updates) We may update these Terms from time to time on 10 business days’ notice and will make these updates available on the Developer.Vic Portal.  If you do not agree with any amendments to these Terms, you must cease using the Developer.Vic Portal.

We’ll provide you with 10 business days’ notice of changes to these Terms.

1.9.   (Summary of key points) The “Summary of key points” on the right hand side of this document is for reference only, and does not form part of these Terms.

This “Summary of key points” is a guide to help you navigate the Terms. 

1.10. (Inconsistencies) If there is any inconsistency between these Terms and the “Summary of key points”, the Terms will prevail to the extent of the inconsistency.

The “Summary of key points” doesn’t modify the Terms.

1.11. (Experiencing issues) If you experience any issues accessing the Developer.Vic Portal, or have any questions in relation to the Developer.Vic Portal, you can contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. (Developer.Vic Portal Support).

Contact us if you have any issues with the Developer.Vic Portal.

2.    Your account

2.1.   (Your Information) All information provided by you when you register for the Developer.Vic Portal must be valid and correct.

You must use your own, up-to-date information to create your account. 

2.2.   (Using another person’s information) We may suspend accounts registered with another person’s email address, or with a temporary email address, without notice.

You must not use another person’s information to create your account.

2.3.   (Re-validation) We may require you to re-validate your registration if we believe you have been using invalid or incorrect information for registration.

You may need to re-validate your account in some circumstances.

2.4.   (Security of account) Your account and your access to the Developer.Vic Portal are personal to you and you must not authorise others to use your account. You acknowledge that your username, password and security key through which you can access and use the Developer.Vic Portal (Login Details) are confidential. You must ensure that the Developer.Vic Portal is kept secure from unauthorised access, use or modification, including by keeping your Login Details secure, secret and confidential.

You must keep your login details secret.

2.5.   (Unauthorised access) If you suspect your account has been accessed without authorisation, you must immediately:

(a)        contact Developer.Vic Portal Support; and

(b)        change your Login Details.

You must contact us if you think someone else has accessed your account.

3.    Your use of the Developer.Vic Portal

3.1.   (Access to the Developer.Vic Portal) We authorise you, on a non-exclusive, non-transferable, revocable basis, to access and use the Developer.Vic Portal, but you must comply with these Terms and any additional licences you may enter into in your use of the Developer.Vic Portal.

You can use the Developer.Vic Portal as long as you comply with these Terms.

3.2.   (Distributing material) You must not distribute any material that is accessed through the Developer.Vic Portal (other than datasets accessed through APIs or any material you upload to the Developer.Vic Portal) to any third parties that are not authorised to access the material (including any third parties that have not registered for the Developer.Vic Portal under these Terms and have not agreed to these Terms). You may distribute datasets accessed through APIs in the API Catalogue (including any swagger definitions or information in relation to such APIs), provided this is permitted by any API Licence Terms.

You cannot share materials from the Developer.Vic Portal (other than datasets and materials you upload) with other people unless they have an account.

3.3.   (Compliance requirements) You must comply with:

(a)        all applicable State or Federal laws in connection with the use of the Developer.Vic Portal;

(b)        any reasonable directions given by us in relation to the use of the Developer.Vic Portal; and

(c)        our Acceptable Use Policy available at https://developer.vic.gov.au/acceptable-use.

You must follow our directions and policies, and comply with the law.

3.4.   (Limits on use) We, or the government department or agency that submits an API to the API Catalogue (API submitter) may, at any time, set and enforce limits on your use of the Developer.Vic Portal or the APIs in the API Catalogue (e.g. limiting the number of API requests that you may make or the number of users you may serve), at our sole discretion. You agree to, and will not attempt to circumvent, such limitations. If you would like to use the Developer.Vic Portal or any API beyond these limits, you must obtain our express consent. We may impose additional terms and charges for that use.

We may limit how you use the Developer.Vic Portal or limit the number of API calls you can make.

3.5.   (Cost of access) We are not responsible for:

(a)        procuring any third party software and materials required by you in order for you to access and use the Developer.Vic Portal, including all telecommunications access charges, network infrastructure, equipment and other software; or

(b)        any costs associated with you accessing and using the Developer.Vic Portal.

You will be responsible for any costs associated with you accessing or using the Developer.Vic Portal.

3.6.   (Fees for access) We reserve the right to charge a fee for the Developer.Vic Portal or to otherwise charge for costs associated with data access or the Developer.Vic Portal in the future.

In the future, we may charge you fees to use the Developer.Vic Portal.

3.7.   (Your security requirements) You acknowledge that it is your responsibility to implement sufficient security procedures and virus checks to satisfy your own security requirements.

You manage your own security requirements.

4.    Changes to the Developer.Vic Portal

4.1.   (Changes and modifications) We may, at any time and without notice to you:

(a)        discontinue or modify any aspect of the Developer.Vic Portal (including its functionality) without notice;

(b)        modify any underlying datasets associated with the Developer.Vic Portal or any APIs; and

(c)        remove any API from the API Catalogue.

We may make changes to the Developer.Vic Portal.

5.    Suspension and termination of your account or access to the Developer.Vic Portal

5.1.   (Suspension of access) We may, at any time:

(a)        refuse to register you for any reason

(b)        suspend your account;

(c)        cancel or delete your account;

(d)        terminate these Terms; or

(e)        limit your access to the Developer.Vic Portal - including by suspending, terminating or restricting your access to any APIs available on the Developer.Vic Portal,

without liability, including if you are in breach or we suspect you are in breach of these Terms, any API Licence Terms that apply to you, or any other agreement that you enter into with us (directly or indirectly).

We can suspend or terminate your account or terminate these Terms at any time.   

5.2.   (No compensation) If we suspend, cancel or terminate your access to the Developer.Vic Portal or any of the APIs on the Developer.Vic Portal (temporarily or permanently), we will not provide you with any compensation, and we are not liable for any loss or damage suffered by you or any third party.

We won’t provide compensation if we suspend or terminate your access.

5.3.   (Ceasing use of the Developer.Vic Portal) You may cease using the Developer.Vic Portal at any time without notice to us. 

You can stop using the Developer.Vic Portal at any time.

6.    Confidentiality

6.1.   (Accessing Confidential Information) When accessing the Developer.Vic Portal, you may also access information that we tell you is confidential (Confidential Information).

6.2.   (Disclosure of Confidential Information) You agree to keep all Confidential Information confidential and not use or disclose it to anyone else, except as required to use the Developer.Vic Portal as permitted by these Terms.

You must not disclose Confidential Information to anyone unless these Terms allow it.

7.    Privacy

7.1.   (Providing Personal Information) In order to access and use the Developer.Vic Portal and APIs, you may be required to provide certain information (such as your contact details).

We may collect your Personal Information (such as your contact details).

7.2.   (How we handle your Personal Information) We will handle any Personal Information (as defined by the Privacy and Data Protection Act 2014 (Vic)) (PDPA) we collect about you in accordance with our Privacy Statement available on the Developer.Vic Portal at https://developer.vic.gov.au/privacy.

We will handle your Personal Information in accordance with our Privacy Statement and applicable laws.

7.3.   (Privacy Laws) If any Personal Information as defined in the PDPA is disclosed to, or collected by, you in the course of using the Developer.Vic Portal, you must comply with the:

(a)        PDPA;

(b)        Privacy Act 1988 (Cth);

(c)        all other relevant State and Territory privacy legislation and health records legislation; and

(d)        any other applicable legislation, common law obligations and any industry code relating to privacy (whether voluntary or not) (Privacy Laws).

You agree to comply with our Privacy Statement and applicable laws. 

7.4.   (Disclosing Personal Information) If you disclose any Personal Information to us, you warrant that you have all required consents to disclose that information, and the disclosure is permitted under any laws that apply to you, including the Privacy Laws.

You can only give us Personal Information that you have the right to share.

7.5.   (Using Personal Information) If we provide you with access to any Personal Information on the Developer.Vic Portal (including via the APIs on the Developer.Vic Portal), you must:

(a)        only use that Personal Information for any permitted purpose notified to you and in accordance with any terms of the relevant API Licence Terms regarding the use of the Personal Information; and

(b)        comply with the Privacy Laws regarding your collection, use and disclosure of that Personal Information.

There are restrictions on what you can do with Personal Information that you access through the Developer.Vic Portal.

7.6.   (Re-identification) You must not re-identify, or attempt to re-identify, any data provided to you on any aggregated or de-identified basis through the Developer.Vic Portal or the APIs available on the Developer.Vic Portal.

If we provide you with de-identified information, you must not try to re-identify it.

7.7.   (Diagnostic and technical information) You consent to us collecting diagnostic, technical, usage and related information regarding your use of the Developer.Vic Portal and consent to us using such information to monitor your compliance with these Terms and for our internal business purposes (including to update and support the Developer.Vic Portal).

We can collect diagnostic, technical, usage and related information about your use of the Developer.Vic Portal.

8.    Intellectual property

8.1.   (Meaning of Intellectual Property) In these Terms, “Intellectual Property Rights” means all intellectual property rights including existing and future copyright, rights in designs, trademarks and patents, whether registered or unregistered, anywhere in the world.

“Intellectual property” has its conventional meaning.

8.2.   (Material you upload) You may upload material to the Developer.Vic Portal (for example, fill in a feedback form to us or write notes about one of the APIs). We acknowledge that you, or the organisation you are using the Developer.Vic Portal on behalf of, own all copyright (existing and future) and all other Intellectual Property Rights in material you upload to the Developer.Vic Portal (Your Material).

You own any material, content and feedback that you provide to us.

8.3.   (Licence to Your Material) You grant us a non-exclusive, non-transferable, royalty free licence to use, copy, modify and reproduce Your Material to enable us to provide the Developer.Vic Portal to our users and otherwise perform our obligations under these Terms.    

You grant us a non-exclusive licence to Your Material.

8.4.   (Use of Your Material) You warrant that:

(a)        you have all necessary rights and consents to submit Your Material to the Developer.Vic Portal and to grant us the licence set out in this section; and

(b)        Your Material, and its use by us and other users of the Developer.Vic Portal as permitted by these Terms, will not breach any laws or the rights of any person (including Intellectual Property Rights).

You can only upload materials to the Developer.Vic Portal that you have the right to share.

8.5.   (Material we own) You acknowledge that the State of Victoria owns, or is the licensee of, all copyright (existing and future) and other Intellectual Property Rights in the Developer.Vic Portal, and any other material we provide, or that is provided on our behalf, in connection with the Developer.Vic Portal or these Terms, except for Your Material (Developer.Vic Portal Material).

The State of Victoria owns the Developer.Vic Portal and any material or content that relates to it, except Your Material.

8.6.   (Licence to use our material) The State of Victoria grants you a non-exclusive, non-transferable, royalty free licence to use, copy, modify and reproduce the Developer.Vic Portal Material to enable you to use the Developer.Vic Portal. 

You may use materials from the Developer.Vic Portal on a non-exclusive basis (e.g. to develop software applications).

8.7.   (Limitations on use of material) You must not copy, reproduce, modify, reverse engineer, disassemble, decompile or transmit the Developer.Vic Portal, or any APIs, information, datasets, software or tools accessed via the Developer.Vic Portal, other than as necessary for the purpose of developing or publishing applications incorporating the relevant APIs and their underlying datasets, or as otherwise permitted by these Terms or any relevant API Licence Terms.

There are limitations on how you can use material that you access via the Developer.Vic Portal.

8.8.   (Rights are exhaustive) Except as expressly set out in these Terms and any relevant API Licence Terms, no other rights or licences in or to the Developer.Vic Portal or the Developer.Vic Portal Material are granted to you and all such rights are expressly reserved by us. 

The extent of your rights in relation to our material is set out in these Terms.

8.9.   (Modifications to our material) You acknowledge that the State of Victoria owns any Intellectual Property Rights in any modifications you make to the Developer.Vic Portal Material or the Developer.Vic Portal and you assign all such rights to the State of Victoria upon creation.

The State of Victoria owns any modifications you make to the Developer.Vic Portal.

8.10. (Use of trade marks) You must not use or reproduce any of our trade marks, or any trade marks of API owners, unless you have the required consents.

You can’t copy and use Victorian Government trade marks without our consent.

9.    Exclusion and limitation of guarantees

9.1.   (Exclusion of warranties) All express and implied terms, conditions, warranties and guarantees which otherwise might apply to, or arise out of, these Terms are excluded other than:

(a)        as expressly stated in these Terms; and

(b)        guarantees which by law cannot be excluded or modified by agreement including those under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

We provide limited warranties and guarantees about the Developer.Vic Portal, which are set out in these Terms.

9.2.   (Breaches of implied guarantees) If we are liable for a breach of a guarantee implied by law and that liability cannot be excluded by law but can be limited, our liability is, to the fullest extent permitted by law, limited to the following (at our option):

(a)        supplying the services again; or

(b)        payment of the cost of having the services supplied again.

If we breach a guarantee, we will provide you with the service again, or pay for the service to be supplied again.

9.3.   (Non-reliance) Subject to the liability position described above, the Developer.Vic Portal and all APIs available on the Developer.Vic Portal are provided on an “as is” and “as available” basis. You use the Developer.Vic Portal and all APIs available on the Developer.Vic Portal at your own risk. You acknowledge that:

(a)        you have not relied on any statement, representation, warranty, conduct or undertaking made or given by us or any person on our behalf, other than those expressly stated in these Terms; and

(b)        you have relied on your own skill and judgment in deciding to acquire and use the Developer.Vic Portal and the APIs and enter into these Terms.

You use the Developer.Vic Portal at your own risk, and we are not responsible for any faults or issues in the Developer.Vic Portal.

9.4.   (Limitation on warranties) Subject to the liability position described above, we provide no warranty or guarantee and make no representation that the Developer.Vic Portal or any of the APIs available on the Developer.Vic Portal:

(a)        will be uninterrupted, error free or available at all or any time;

(b)        will be free from defects, or that any identified defects will be corrected;

(c)        is fit for a particular purpose;

(d)        will contain accurate, up to date or complete information;

(e)        will be compatible with your hardware, software and other systems;

(f)         will not impact the performance of other services, hardware, software and systems and those of third parties;

(g)        will be secure from unauthorised access;

(h)        will not contain any viruses or disruptive code; and

(i)         will not infringe any person’s rights (including intellectual property rights).

We don’t provide certain warranties or guarantees in relation to the Developer.Vic Portal. For example, we don’t guarantee that the Developer.Vic Portal will always be available or will not have any faults or issues.

9.5.   (Accuracy of APIs) The APIs in the API Catalogue, and any related datasets, may not be complete, timely or accurate for your purposes. Subject to your rights at law, we make no representation or warranty of any kind as to the accuracy, timeliness or completeness of the APIs, and any related datasets, nor do we endorse any APIs, and any related datasets, available on the Developer.Vic Portal.

We don’t provide any warranties as to the accuracy, timeliness or completeness of the APIs.

10. Liability

10.1. (Limitation of liability) Except as expressly stated otherwise in these Terms:

(a)        we are not liable for any loss or damage (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of anticipated savings, loss of use, loss of reputation, loss of opportunity, loss of data or business interruption) suffered or incurred by you in connection with these Terms and the use of the Developer.Vic Portal (including due to any person’s negligence), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law); and

(b)        to the extent we are unable to exclude any liability under or in connection with these Terms, our maximum cumulative liability for all loss, damage, liability and expense suffered or incurred by you in connection with these Terms and your use of the Developer.Vic Portal, whether under contract, statute, in tort (including negligence) or otherwise, is limited to $100.

We exclude all liability to you to the extent we’re allowed to by law. Where we’re unable to do so, we limit our liability to you to $100. 

10.2. (Indemnity) You indemnify us from and against any liability, loss, damage or expense (including legal fees) we may suffer or incur in connection with any:

(a)        breach by you of these Terms; or

(b)        allegation or claim against us which is caused by your breach of these Terms, any wilful or negligent act or omission by you or any breach of law by you.

If you do certain things that result in us suffering loss, you will be responsible for that loss (for example, by paying for any expenses that we incur as a result of you breaching these Terms).

11. Additional Terms for API consumers

11.1. (API Consumer Terms) The terms in this section 11 apply to anyone who consumes, uses, accesses or integrates with any APIs in the API Catalogue (Additional API Consumer Terms).

If you consume APIs from the Developer.Vic Portal, you agree to these Additional API Consumer Terms.

11.2. (API Licence Terms) All APIs made available through the Developer.Vic Portal are licensed under the Creative Commons Attribution 4.0 International licence (available at http://creativecommons.org/licenses/by/4.0/deed.en) and any additional terms of use and licence conditions applied by the API submitter (API Licence Terms). You will be notified of any API Licence Terms that apply to an API prior to your use of that API. You must comply with any API Licence Terms attached to any API that you consume. In the event of any inconsistency between these Terms and any API Licence Terms, the API Licence Terms take priority to the extent of that inconsistency.

All APIs are licensed under the CCA 4.0 Licence and any API Licence Terms. You must comply with the API Licence Terms.

11.4. (Purposes for which you cannot use the APIs) You must not use the Developer.Vic Portal or the APIs for the purpose of:

(a)        providing information to a foreign government;

(b)        espionage or deception that could harm any Australian government;

(c)        creating a database of individuals for marketing purposes; or

(d)        creating any application that is designed to, or has the potential to, harm any individual, government entity, or private organisation.

You cannot use the Developer.Vic Portal or APIs in the API Catalogue for other purposes, including creating a database for marketing purposes.

11.5. (Swagger Definition) You may modify or republish the swagger definitions attached to the APIs in the API Catalogue on the Developer.Vic Portal, or republish the APIs in the API Catalogue.

You can modify or republish swagger definitions.

11.6. (Notice regarding swagger definition) If you modify or republish a swagger definition relating to any API from the API Catalogue, you must include the following notice on any website, software, application, product, dataset or other material that incorporates or uses the swagger definition:

This swagger definition is a modified version of the original swagger definition for this API, which is available on the Victorian Government Developer.Vic Portal, accessible at developer.vic.gov.au. The Developer.Vic Portal contains the most up-to-date version of this API.

When you modify or republish swagger definitions, you must include a notice.

11.7. (Ensuring consistency) You must ensure that any APIs from the API Catalogue that you republish elsewhere remain up-to-date and consistent with the APIs published in the API Catalogue on the Developer.Vic Portal.

You must ensure that any republished APIs remain up-to-date.

11.8. (No endorsement) You must not republish the APIs or swagger definitions in a way that suggests to End Users that we, or any API owner, endorse you or your products or use of the APIs or datasets.

You must not suggest that we, or any API owner, endorses your product.

11.9. (Your End Users) If you use the datasets from any API as part of a product that is available to third parties (End Users), you must require your End Users to comply with:

(a)        all applicable State or Federal laws in connection with the use of the Developer.Vic Portal;

(a)        any reasonable directions given by us in relation to the use of the Developer.Vic Portal;

(b)        these Terms, including our Acceptable Use Policy available at https://developer.vic.gov.au/acceptable-use and Privacy Statement available at https://developer.vic.gov.au/privacy; and

(c)        any API Licence Terms associated with the API(s) from which you obtained the datasets.

If you make a dataset from any API available to another party, you must ensure they also comply with these Terms and the API Licence Terms.

11.10. (Notice on products incorporating APIs) You must include the following notice on any software, product, dataset or other material that incorporates or uses any API from the API Catalogue:

© State of Victoria accessed via the Victorian Government Developer.Vic Portal

This notice is to be included in addition to any notices required under any API Licence Terms. However, you must not use the APIs in a way that suggests to End Users that we, or any API owner, endorse you or your products or use of the APIs or datasets.

There is a specified notice that you need to include on any product using an API.

12. General

12.1. (Survival) On termination or expiry of these Terms any provisions of the Terms which by their nature survive termination or expiry, continue in full force and effect.

If the contract between us ends, some rights and obligations will continue.

12.2. (Assignment and novation) We may assign or novate these Terms to any other person on written notice to you. You must not assign, novate or sub-license any of your rights or obligations under these Terms to any person without our prior written consent. Any purported dealing in breach of this prohibition is void and of no effect. 

You cannot give your rights or obligations under these Terms to another person.

12.3. (Governing law and jurisdictions) These Terms are governed by and are to be construed in accordance with the laws applicable in Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waive any right to object to any proceedings being brought in those courts.

If we have a legal dispute with you, it will be resolved in the courts of Victoria, Australia.

12.4. (Entire understanding) These Terms, our Acceptable Use Policy and the API Licence Terms contain the entire understanding between the parties as to the subject matter of this document. All previous negotiations, understandings, representations, warranties, memoranda or commitments concerning the subject matter of these Terms are merged in and superseded by these Terms and are of no effect. 

Any previous interactions that we have had are superseded by these Terms.

12.5. (Severability) If any part of these Terms is void, voidable, illegal or otherwise unenforceable, it may be severed and the remaining provisions of these Terms will remain in full force and effect.

If part of these Terms is not enforceable, the remaining parts will remain in effect.

12.6. (Waiver) A single or partial exercise or waiver by a party of a right relating to these Terms does not prevent any other exercise of that right or the exercise of any other right. A party is not liable for any loss, cost or expense of any other party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.

If a right is partially exercised or waived, this doesn’t mean that it will be partially exercised or waived on every occasion.

13. Interpretation

13.1. (Interpretation and construction) Unless expressed to the contrary, in these Terms:

(a)        “includes” means includes without limitation;

(b)        no rule of construction will apply to any part of these Terms to the disadvantage of a party merely because that party put it forward or would otherwise benefit from it;

(c)        a reference to:

(i)         a person includes a partnership, joint venture, unincorporated association, corporation and a government or statutory body;

(ii)        a person includes the person’s legal personal representatives, successors, assignees and persons substituted by novation;

(iii)       any legislation includes subordinate legislation made under it and includes that legislation and subordinate legislation as modified or replaced; and

(iv)       this or any other document includes the document as novated, varied or replaced and despite any change in the identity of the parties.

This clause sets out some key principles to assist in understanding the Terms.