Terms and Conditions for Public Users of the Victorian Government API Gateway Service
Version: October 2018
How these Terms work
The API Gateway service
These Terms relate to your use of the Victorian Government API Gateway service (the Service). The Service facilitates access to a set of application programming interfaces related to Victorian Government data and services (the APIs). The APIs are stored in a library (the API Product Catalogue) on the Service. The Service consists of:
By registering for the Service you agree to be bound by these “API Gateway User Terms and Conditions” (Terms) which govern the use of the Service. The Terms are entered into by the Department of Premier and Cabinet (ABN 36 081 905 761) (we, us) and the individual accepting the Terms (User, you) or anyone acting on your behalf or with your express or implied authority. We may update these Terms from time to time on 10 business days’ notice and will make these updates available on the Website.
If you do not agree with any amendments to these Terms, you must cease using the Service.
You may not use the APIs and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with us; or
(b) you are a person 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.
You warrant that all information provided by you on registration is valid and correct. Accounts registered with another person’s email address, or with a temporary email addresses, may result in access being suspended without notice. We may require you to re-validate your registration if we believe you have been using invalid or incorrect information for registration.
Are you using the Service on behalf of an organisation?
If you are using the Service 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).
Terms which apply to everyone who uses the Service
The terms in this section apply to everyone who uses the Service, including anyone with an account on the Service, anyone who browses the Service, consumes APIs on the Service or uploads APIs to the API Product Catalogue.
Your use of the Service
We authorise you, on a non-exclusive, non-transferable, revocable basis, to access and use the Service via the Website, subject to these Terms and any additional licences you may enter into in your use of the Service.
You must not distribute any material from the Service (including the APIs in any reconstructed format) to any third parties that have not registered for the Service under these Terms. For the avoidance of doubt, this does not prevent you from distributing any datasets accessed through APIs providing the distribution is consistent with any Additional API Terms attached to the APIs.
Security, support and reporting unauthorised access
Your account and your access to the Service 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 Service (Login Details) are confidential. You must ensure that the Service is kept secure from unauthorised access, use or modification, including by keeping your Login Details secure, secret and confidential.
If you suspect your account has been accessed without authorisation, you must immediately contact API Gateway Support and must also immediately change your Login Details. Any unauthorised access to the Service that comes to your attention must be reported to API Gateway Support.
You must comply with any applicable law, including any Australian State or Federal law or any law of another country which applies to you, in connection with the use of the Service and any reasonable directions given by us in relation to the use of the Service.
You must comply with our Acceptable Use Policy available on the Website.
We may, at any time, set and enforce limits on your use of the Service or the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), at our sole discretion. If we choose to implement these limits, you agree to, and will not attempt to circumvent, such limitations. If you would like to use the Service or any API beyond these limits, you must obtain our express consent. We may accept or decline such request, or impose additional terms and charges for that use.
We are not responsible for procuring any third party software and materials required by you in order for you to access and use the Service. We are not responsible for any costs associated with accessing and using the Service, including all telecommunications access charges, network infrastructure, equipment and other software. We reserve the right to charge a fee for the Service or to otherwise charge you for costs associated with data access or data services in the future.
You acknowledge that it is your responsibility to implement sufficient security procedures and virus checks to satisfy your own security requirements.
How might we modify the Service?
We reserve the right to, at any time and without notice to you:
(a) discontinue or modify any aspect of the Service (including its functionality) without notice;
(b) modify any underlying datasets associated with the Service or any APIs; and
(c) remove any API from the API Product Catalogue.
Suspension and termination of your account
We reserve the right to refuse to register you for any reason.
We reserve the right to, at any time:
(a) suspend your account;
(b) cancel or delete your account;
(c) terminate these Terms; or
(d) limit your access to the Service - including by suspending, terminating or restricting your access to any APIs available on the Service,
without liability, including if you are in breach or we suspect you are in breach of these Terms, any Additional API Terms that apply to you, or any other agreement that you enter into with us (directly or indirectly).
In the event that we suspend, cancel or terminate your access to the Service or any part of the Service (either temporarily or on a permanent basis) you are not entitled to any form of compensation from us, and we are not liable for any loss or damage suffered by you or any third party.
You acknowledge that in accessing the Service, you may also have access to certain information that we tell you is confidential. You agree to keep that information confidential and not use it or disclose it to anyone else, except as required to use the Service as permitted by these Terms.
In order to access the Gateway and APIs, you may be required to provide certain information (such as identification or contact details) as part of the registration process for the Service or the APIs, or as part of your continued use of the APIs.
You must comply with the Privacy and Data Protection Act 2014 (Vic), the Privacy Act 1988 (Cth), all other relevant State and Territory privacy legislation and health records legislation, and any other applicable legislation, common law obligations and any industry code relating to privacy (whether voluntary or not) (the Privacy Laws) in relation to any Personal Information and Sensitive Information (as defined in the Privacy and Data Protection Act 2014 (Vic)) disclosed to, or collected by, you in the course of using the Service.
Where you disclose any Personal Information or Sensitive Information to us, you warrant that you have all required consents to disclose the Personal Information and Sensitive Information, and the disclosure is permitted under any laws that apply to you, including the relevant Privacy Laws.
Where we provide you with access to any Personal Information or Sensitive Information on the Service (including via the APIs), you must:
(a) only use that Personal Information or Sensitive Information for any permitted purpose notified to you and in accordance with any terms of the relevant Additional API Terms regarding the use of the Personal Information or Sensitive Information; and
(b) comply with all applicable Privacy Laws regarding your collection, use and disclosure of such Personal Information or Sensitive Information.
You must not re-identify, or attempt to re-identify, any data provided to you on any aggregated or de-identified basis through the Service or the APIs available on the Service.
You consent to us collecting diagnostic, technical, usage and related information regarding the use of the Service by you 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 Service).
Intellectual property – our rights to use your material
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.
As part of using this Service, you may upload materials to the Service – for example, you may contribute APIs to the API Product Catalogue, fill in a feedback form to us, or write notes about one of the APIs. We acknowledge that all copyright (existing and future) and all other Intellectual Property Rights in materials uploaded to the Service by you (Your Material) are owned by you or the organisation or agency you are using the Service on behalf of.
You grant to us a non-exclusive, non-transferable, royalty free licence to use, copy, modify and reproduce Your Material as required in order for us to provide the Service to our users and to otherwise perform our obligations under these Terms.
You warrant that:
(a) you have all necessary rights and consents to submit Your Material to the Service and to grant the licence to us set out in this section; and
(b) Your Material, and its use by us and any other users of the Service in the manner permitted by these Terms, will not breach any laws or the rights of any person (including Intellectual Property Rights).
Intellectual property – your rights to use the Service
You acknowledge that we are the owner or licensee of all copyright (existing and future) and all other Intellectual Property Rights in the Service, and any other materials provided by or on behalf of us in connection with the Service or these Terms, with the exclusion of Your Materials (Service Material).
We grant to you a non-exclusive, non-transferable, royalty free licence to use, copy, modify and reproduce the Service Material as required for you to use the Service. For the avoidance of doubt, you must not copy, reproduce, modify, reverse engineer, disassemble, decompile, transmit or communicate to the public the Service, or any APIs, information, datasets, software or tools accessed via the Service.
Except as expressly set out in these Terms and any relevant Additional API Terms, no other rights or licences in or to the Service or the Service Material are granted to you and all such rights are expressly reserved by us.
You acknowledge that any Intellectual Property Rights in any modifications made by you to the Service Material, the Website or the Service are owned by us and you hereby assign all such rights to us upon creation.
You must not use or reproduce any of our trade marks, or any trade marks of API creators, unless you have the required consents.
Exclusion and limitation of guarantees
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)).
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.
Subject to the liability position described above, the Service and all APIs available on the Service are provided on an “as is” and “as available” basis and you use the Service and all APIs available on the Service 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 any 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)); and
(b) you have relied on your own skill and judgement in deciding to acquire and use the Service and the APIs and enter into these Terms.
Subject to the liability position described above, we provide no warranty or guarantee and make no representation that the Service or any of the APIs available on the Service:
(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).
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 Service (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 Service, whether under contract, statute, in tort (including negligence) or otherwise, is limited to $100.
You indemnify us from and against any liability, loss, damage or expense (including legal fees) we may suffer or incur in connection with:
(a) any API submitted to the API Product Catalogue by you;
(b) a breach by you of these Terms; or
(c) any 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.
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.
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.
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.
These Terms, our Acceptable Use Policy and any Additional API Terms that are relevant to you 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.
In the event that any part of these Terms are void, voidable, illegal or otherwise unenforceable it may be severed and the remaining provisions of these Terms will remain in full force and effect.
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.
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 or authority;
(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.
Additional Terms which apply to API developers
Some users will have the opportunity to build their own APIs and submit them to the API Product Catalogue. The terms in this section apply to anyone that uploads one or more APIs to the API Product Catalogue.
Approval process of APIs
Eligible users can submit APIs to the API Product Catalogue using the submission process set out on the Website. We will review all submitted APIs and determine, in our absolute discretion, whether they will be included in the API Product Catalogue.
APIs you submit to the API Product Catalogue
You submit APIs to the API Product Catalogue at your own risk. We are not responsible for the results, performance and quality of any APIs you submit to the API Product Catalogue.
You warrant that all APIs that you submit to the API Product Catalogue:
(a) comply with any specifications notified to you by us from time to time;
(b) do not contain any viruses or disruptive code;
(c) do not contain anything that is false, misleading or deceptive;
(d) do not infringe the rights (including Intellectual Property Rights) of any person; and
(e) comply with all Privacy Laws; and
(f) comply with all other laws and regulations applicable to you and your use of the Service.
Submitting APIs on behalf of a government department or agency
You may only submit APIs on behalf of a government department or agency if:
(a) you have all appropriate authorisations from that government department or agency; and
(b) the government department or agency has entered into an agreement with us regarding its use of the Service.
Removing APIs from the Service
We reserve the right to, at any time discontinue, remove or modify any API you have contributed to the API Product Catalogue, without liability, including if you are in breach or we suspect you are in breach of these Terms, any Additional API Terms that apply to you, or any other agreement that you enter into with us (directly or indirectly).
In the event that we or discontinue, remove or modify any API you have contributed to the API Product Catalogue, (either temporarily or on a permanent basis) you are not entitled to any form of compensation from us, and we are not liable for any loss or damage suffered by you or any third party.
Additional Terms which apply to API consumers
The terms in this section apply to anyone who consumes APIs.
Additional API Terms
Unless the API creator has explicitly stated otherwise, all APIs available from the API Product Catalogue are licensed under the Creative Commons Attribution 4.0 International licence (available at http://creativecommons.org/licenses/by/4.0/deed.en).
How you can consume the APIs
You must not use the Service 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 department or private organisation.
Your End Users
If you use datasets obtained from any API on our Service 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 laws, including any Australian State or Federal law or any law of another country which applies to you, in connection with the use of the Service;
(b) any reasonable directions given by us in relation to the use of the Service;
(c) these Terms, including our Acceptable Use Policy available on the Website;
(d) any Additional API Terms associated with the API(s) from which you obtained the datasets.
You must include the following notice on any software, product, dataset or other material that incorporates or uses any API from the API Product Catalogue:
© [name of API creator] accessed via the Whole of Victorian Government API Gateway Service
This notice is to be included in addition to any notices required under any relevant Additional API Terms. However, you must not use the APIs in a way that suggests to End Users that we, or any API creator, endorse you or your products or use of the APIs or datasets.
No liability for the APIs
The APIs are submitted to the API Product Catalogue by third parties. We do not vet or verify the APIs. The APIs, 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 Service.