API Terms and Conditions

Page last updated: Monday, 15 October 2018 - 1:04pm

The Department of Primary Industries and Regional Development (DPIRD) aims to create a progressive, innovative and profitable agriculture and food sector that benefits Western Australia. DPIRD supports the success of our State’s agrifood businesses through services and partnerships that help increase industry profitability and sustainability, while safeguarding our state’s precious natural resources.

Through research, development and extension activities with partners around Australia and throughout the world, DPIRD strives to harness the best knowledge and technical excellence available. DPIRD is committed to sharing Data that is collected by and maintained by DPIRD during these activities.

To enable third parties (API Users) to access this Data, DPIRD has developed Application Programming Interfaces (APIs). The APIs are designed to allow API Users the opportunity to access and use a broad range of Data to build into their own applications. To access this API, an API User must be issued with an API Key by creating an account on the DPIRD website and agree to abide by the terms and conditions set out below (the Terms).

This Licence is Binding

The following Terms apply to you and by installing, copying or otherwise using the API, you hereby accept and agree to be bound by the Terms.

This is a legal agreement between you (whether as an individual or an entity) (API User) and the Western Australian Agriculture Authority (ABN 86 611 226 341) a body corporate established under the Biosecurity and Agriculture Management Act 2007 represented by the Chief Executive Officer of the Department of Primary Industries and Regional Development Western Australia (DPIRD) and acting through DPIRD. If you do not agree to these Terms, promptly cease using and delete the API and any accompanying items in their entirety. Your continued use of the API constitutes your acknowledgement and acceptance of these Terms.

Definitions

API or APIs means any Application Programming Interface which allows an API User to search for and retrieve available information contained within a range of searchable fields.

API User or API Users means any individual or entity that has been issued with an API Key by creating an account on the DPIRD website .

API Key means a unique identifier issued by DPIRD to enable an authorised API User to access the API.

DPIRD User Account means an electronic account on DPIRD’s website to facilitate access to the API through a password protected electronic account that is maintained by DPIRD.

DPIRD Website means the internet address or sub-domain of www.agric.wa.gov.au which provides access to the API and includes all related web applications, databases and catalogues made available or accessible via the website.

Data means any information made available via the API.

End User means any individual or entity that has gained access to Data available on the API User’s website/application.

Harmful Code means any virus, disabling or malicious device or code, worm, Trojan, time bomb or other harmful or destructive code, but does not include any software lock or other technical mechanism that is included to manage the proper use of the API.

Loss means any loss, damage, cost or expense (to any person or property) including consequential or indirect loss of any profits, data or revenue.

Nominated User means any person selected by an API User to be the point of contact between that API User and DPIRD regarding the API.

Terms means these terms and conditions that are a binding legal agreement between you (whether as an individual or an entity) (API User) and the State of Western Australia acting through its Department of Primary Industries and Regional Development (ABN 18 951 343 745) (DPIRD).

1. Grant of API & Copyright Licence

a. DPIRD grants to the API User a worldwide, nonexclusive, non-transferable, royalty-free licence to use the API and to access DPIRD’s Data received via the API in accordance with these Terms.

b. All API Users are granted a licence to copy, reproduce, publish, download and communicate the data/information made available via the API on a fee-free and royalty free basis in accordance with the Creative Commons Attribution 3.0 Licence (CC BY 3.0 AU).

Creative Commons License

The details of this licence may be found at the following link: https://creativecommons.org/licenses/by/3.0/au/deed.en

All API Users must reproduce the above licence (and its link) as part of its own terms and conditions for use of its website or application utilising API Data where access to the API is given by that API User to End Users.

2. Registration and issue of API Key

Before any individual or entity can access an API, it must create a DPIRD User Account via the DPIRD website and be issued with an API Key.

The API Key is provided free of charge but is non-transferable and must only be used by the individual or entity to which the API Key has been issued (the API User). If the API User permits or facilitates any other person or party to access or use the API Key (except where the access and use is required to install or download the API onto the API User's website), then that use will constitute a breach of these terms and conditions and will provide DPIRD with an automatic right of termination of this agreement and the option for DPIRD to deny all further access to the API, including the cancellation of the API Key by DPIRD.

At the time of submitting a request for a DPIRD User Account, an individual or entity will need to provide the details of a Nominated User who will be responsible for the care and use of the API Key. The Nominated User is required to supply legitimate contact details to enable DPIRD to identify and contact the Nominated User (as the contact point for that API User) should DPIRD have any questions about the use of the DPIRD User Account by that API User.

DPIRD will only use the Nominated User's personal information to contact the Nominated User about the API User’s use of the API. DPIRD will not use or disclose the Nominated Person's personal information for any other purpose.

DPIRD reserves the right, in its sole discretion, to terminate the DPIRD User Account and API Key if the API User has breached any part of these Terms.

3. General Obligations of the API User

If the API User is issued with a DPIRD User Account, then it may implement the API on its website or application and distribute all Data accessible via the API to its End Users. By installing the API on its website/application, the API User agrees that:

the API User and each of their/its representatives has the appropriate rights, title and authority to enter into these Terms (whether as API User or agent for the API User);

the API User shall not access, distribute or on-supply (whether for commercial gain or otherwise) the API, the source code for the API or access to the DPIRD User Account to any person or entity without the express written consent of DPIRD;

the API User’s rights to the Data is strictly limited to making direct server calls to the API (using the API Key) for the Data and to provide a link to the DPIRD Website to End Users;

if any Data is removed from the DPIRD Website or is no longer able to be viewed by an API User or End User, then the API User must also remove that Data from its website;

the API User shall not violate or seek to violate the security of the DPIRD Website or the API;

the API User shall not use the API in any way that adversely affects the performance or function of the API;

the API User shall not reverse engineer, decompile or disassemble the API in any way;

the DPIRD User Account or API Key must not be shared with any person, entity or third party outside of the API User;

DPIRD may from time to time monitor access and use of the API by the API User (and End Users where applicable)  to ensure compliance with these Terms;

the API User must provide to DPIRD free access to any applications or websites that use or store the Data to enable DPIRD to ensure these Terms have been complied with;

ensure that the Nominated User's contact details are correct and up to date and that such details have been provided with the full and informed consent of the Nominated User; and

the API User will comply with and will ensure its Nominated User, End Users and all other officers, employees and agents as permitted under these Terms comply with all relevant Australian laws and regulations concerning the use of Data which is accessed, downloaded and used through the API and the DPIRD Website.

4. Call Limit

An API User may be subject to a limit on the number of free API calls it is permitted to make per day or per month. DPIRD will notify the API User through its Nominated User of any limits applicable to an API User’s DPIRD User Account.

If an API User wishes to increase the number of API calls it is permitted to make on a per day or per month basis, it must contact DPIRD accordingly. Any increase in the API call limit may be subject to payment of a fee to be agreed between DPIRD and that API User. The application of a fee for additional or further access above the daily or monthly call limit is to be determined in the sole discretion of DPIRD.

5. API as an Information Source

For all Data that is made available by DPIRD via the API is done so in good faith and in accordance with these terms and conditions. While DPIRD derives Data from a range of sources which DPIRD believes to be accurate and up to date, DPIRD reserves the right to remove, correct or update any data that is accessible via the API or the DPIRD Website at any time and without notice to the API User or its End Users.

DPIRD does not make any representation or give any warranty that the Data is reliable, accurate or complete or that access to the API is free from interruptions, time delay or secure.

6. Intellectual Property Acknowledgement

The third party agrees to acknowledge DPIRD as the source of the API and any Data derived from the API through the API User's website/application and must include a link to DPIRD Website: www.agric.wa.gov.au.

DPIRD reserves the right to utilise any data/information submitted to a DPIRD API for research purposes, and to improve the performance/accuracy of any APIs or their underlying models and datasets. DPIRD will not provide any data/information specifically identifying a particular API User that has been submitted to one of its APIs to a third party without the permission of the relevant API User.

7. No Technical Support Provided

The API may be subject to version updates from time to time. DPIRD may notify an API User of an update to the API by contacting the third party's Nominated User via its DPIRD User Account. The API User acknowledges that it is responsible for ensuring that it is using the latest API version as it is made available by DPIRD and DPIRD will not be responsible for or liable to the API User, including any of its End Users for any Loss that may arise out of, or in connection with the use of any superseded versions of the API.

DPIRD is under no obligation to provide any technical support to an API User or any of its End Users for the API. DPIRD does not warrant or represent any particular performance characteristics or general availability of the API. DPIRD endeavours to provide reasonable notice to API Users through its Nominated User of any planned outage of the API.

8. Security of Information

DPIRD does not guarantee that the API is totally secure. While DPIRD strives to protect Data and information contained in the API, it does not warrant or provide any assurance that the security of any Data/information accessed via the API is free of Harmful Code. Each API User acknowledges and agrees that any Data/information accessed by the API User or its End Users via the API is at its own risk.

DPIRD will take reasonable steps to protect Data/information stored on the API so that it is not compromised. However, DPIRD does not provide any assurance that no Harmful Code will enter the API.

9. Indemnity

The API User agrees to indemnify DPIRD including its officers, employees and agents against all Loss(es) sustained or incurred by DPIRD as a result of actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against DPIRD arising out of or in connection with a failure by an API User, its Nominated User or its End Users to comply with these Terms.

10. Privacy Policy

For further information about how DPIRD treats personal information (in addition to these terms and conditions), please review our privacy policy at www.agric.wa.gov.au

11. Breach of the API Terms

If an API User becomes aware of any breach of these Terms due to use of the API or any Data that is made available via the API, it must immediately notify DPIRD of the threatened or actual breach upon becoming aware of such a breach by contacting DPIRD via Email at: enquiries@agric.wa.gov.au

12. Termination of Access

DPIRD may, at its sole discretion, terminate or temporarily suspend an API Key (and/or a DPIRD User Account) without notice to an API User and these Terms will survive termination and continue to be in force during a suspension.

13. Disclaimer

This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

DPIRD does not accept responsibility for any Loss, however it is caused (including through negligence), which an API User or its End User may directly or indirectly suffer in connection with or arising from use of the API or the DPIRD Website (including any applications, links, databases or catalogues) associated with the API or DPIRD Website including any reliance placed on Data or other information contained in or accessed through the API or DPIRD Website by an API User or End User.

DPIRD accepts no liability for any failure by it to comply with these Terms including where such failure is due to circumstance beyond its reasonable control.

If DPIRD waives any right available to an API User or End User under these Terms on one occasion, this does not means that those rights will automatically be waived on any other occasion. If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms will continue to be in full force and effect.

14. Changes or amendments to the terms and conditions

DPIRD reserves the right to update or amend these Terms from time to time. Any changes made to these Terms will become effective immediately and will be notified on the DPIRD Website. If an API User continues to access and use the API, or allow its End Users to access and use the API through its website, after a change to the Terms has been made, the continued access to and use of the API by the API User and End User will mean that the API User has agreed to continue to be bound by the Terms as amended.

15. Governing Law

These Terms are governed by the laws in force in Western Australia and each API User and End User agrees to submit to the exclusive jurisdiction of the courts of that jurisdiction.