Terms of Service

General

  • 1. These Terms and Conditions (Terms) govern your use of Queensland Parliament’s API. By accessing or using the API, you are taken to agree to the Terms. The Terms bind both you and Queensland Parliament.
  • 2. Subject to your compliance with the Terms, you may use the API and incorporate the API into your API Client for the purposes as provided for by this Agreement.
  • 3. The Terms may be amended by Queensland Parliament at any time, on 7 days’ published to the Queensland Parliament developer website. By accessing or using the API beyond this notice period, you will be taken to have agreed to the amended Terms. If you do not agree to the amended Terms, do not continue to use the API.

Review of API Clients

  • 4. Queensland Parliament expressly reserves the right to examine and review your API Client(s) at any point in time, including but not limited to where Queensland Parliament reasonably believes that you are contravening any part of the Terms.
  • 5. You agree that, if requested by Queensland Parliament, you will provide Queensland Parliament with reasonable access to your API Client(s) and relevant documentation for evaluation purposes.
  • 6. Where Queensland Parliament determines (in its sole discretion) that your API Client contravenes any part of the Terms, it may direct you to correct any identified concerns arising from the review of your API Client(s) and may (in its sole discretion) restrict or block your access to the API until its concerns have been resolved.

Conditions regarding access to Queensland Parliament’s API

  • 7. You agree that you must only access the API in accordance with these Terms.
  • 8. Queensland Parliament may suspend or terminate your access to the API or your API Client(s) without notice if it reasonably believes that you are in violation of the Terms.
  • 9. You must not, and you must ensure that your officers, employees, contractors, agents and end users do not, use the API or your API Client(s) for any activity which causes or may reasonably cause harm, damage or financial loss to Queensland Parliament, its Members, customers or any other third parties. Such activities (as determined in Queensland Parliament’s sole discretion) include, but are not limited to:
    • a. contravention of any applicable law, regulation, or third party rights (including without limitation, any third party intellectual property (IP) rights);
    • b. encouraging or promoting any illegal activity;
    • c. falsely implying association with or endorsement by Queensland Parliament or another third party;
    • d. providing information that is abusive, deceptive, false or misleading or otherwise in breach of Australian laws;
    • e. intentionally interfering with, damaging, impeding, disrupting or adversely impacting the API or Queensland Parliament’s servers, systems or networks providing the API, or any of our data or confidential information (including any denial of service attacks, viruses, worms, defects, trojan horses, malware or any code of a destructive or disabling manner);
    • f. causing any harm or damage to, or tarnishing the reputation, of Queensland Parliament, its Members, any other Australian Parliament or Government agency, or the Commonwealth of Australia;
    • g. causing the display or storage of any material that is reasonably considered to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable; or
    • h. causing the upload or transfer of any images, emails or messages of any sort that are considered to be unsolicited by any other third-party, including, but not limited to, any other customer of Queensland Parliament.

Usage limiting (rate-limiting)

  • 10. Queensland Parliament may (at its sole discretion) limit the frequency of API transactions (rate-limiting) your API Client(s) can make with the API.
  • 11. Queensland Parliament will publish rate-limits on the API Portal.
  • 12. Queensland Parliament may (at its sole discretion) add, change or remove rate-limits at any time by providing you with a formal notice.
  • 13. You must not attempt to circumvent rate-limits (including operating multiple API Clients’ by registering with different account names).

API Availability

  • 14. You acknowledge that Queensland Parliament does not make any undertaking as to service availability or performance.

API Updates

  • 15. You acknowledge that Queensland Parliament reserves the right to modify the API service to add, remove or change functionality, capabilities, interfaces or any other aspect at any time without prior notice.
  • 16. Queensland Parliament will, where reasonable, make new versions of the API backwards compatible. Where backwards compatibility is not reasonable, Queensland Parliament will support the superseded version(s) for up to 6 months.

No client software or any technical support

  • 17. Queensland Parliament will not provide any client software or any technical support for the use of the API (apart from any provided in the API Documentation).

Fees

  • 18. Queensland Parliament does not charge a fee for using its API.

Notices

  • 19. Any notices issued under this Agreement will be advertised on the Queensland Parliament developer website.

Intellectual Property

  • 20. Subject to your compliance with these Terms, Queensland Parliament grants you a revocable, non-exclusive licence to use the API to search for and manage IP rights administered by Queensland Parliament.
  • 21. Queensland Parliament does not acquire any ownership or title to your API Client(s), and by using the API, you do not acquire ownership of any rights in the API or the content that is accessed through the API.
  • 22. You grant Queensland Parliament a revocable, non-exclusive licence to use, reproduce, adapt and modify your API Client(s) in order to exercise Queensland Parliament’s powers under clauses 5 and 6.
  • 23. You agree and acknowledge that Queensland Parliament, and any other third party developers engaged by Queensland Parliament, may develop products or deliver services that are similar or identical in function to your API Client(s).

Your Costs

  • 24. You are solely and entirely responsible for all costs associated with your API Client(s) including but not limited to, development, operation, hosting and maintenance (including any legal costs associated with these actions).
  • 25. You agree that all costs associated with the performance of your obligations (including any expenditure you may additionally incur in responding to any request made by Queensland Parliament) under these Terms are at your sole cost and expense and acknowledge and agree that Queensland Parliament will not be responsible for any such costs or expenses, howsoever incurred.

API Client(s) Compliance with Relevant Laws

  • 26. You are solely and entirely responsible for ensuring that your API Client(s) comply with all relevant laws and regulations, including, but not limited to, those relating to privacy and security.
  • 27. If your use of the API involves the broadcast of Proceedings of the Legislative Assembly and its Committees you will be subject to the Conditions of Access as notified on the Parliament’s Website https://tv.parliament.qld.gov.au/.
  • 28. Use of broadcast material in contravention of a condition imposed by the Legislative Assembly or its committees will constitute a contempt of Parliament.
  • 29. Proceedings in the Assembly as defined in Section 9 of the Parliament of Queensland Act 2001 are protected by the powers, immunities and rights of the Legislative Assembly. If your use of the API results in further publication of those proceedings outside of the Parliament’s website that further publication may not be similarly protected.

Security of your API Client(s)

  • 30. You are solely and entirely responsible for the security and integrity of your API Client(s) including ensuring that you protect personal information or (where relevant) protected information, you receive from unauthorised use, disclosure or access by third parties.
  • 31. You are responsible for maintaining the security of your credentials for utilising the API. You agree to:
    • a. take care and ensure the security of your API credentials; and
    • b. not to disclose your API credentials to any person unless it is to an employee, agent, contractor or entity that is required to have access to your API Client(s) and where you are satisfied that there is sufficient access controls in place to prevent unauthorised access and the person is bound by confidentiality.
  • 32. You must notify Queensland Parliament immediately if you are aware of any event which has compromised, or may have comprised, the security or integrity of the/ your API Client(s), the API or Queensland Parliament’s servers, systems, networks, data, etc.
  • 33. You acknowledge that any compromise of your API Client(s) or API credentials does not change or reduce your obligations under this Agreement.

No Guarantees or Warranties

  • 34. Queensland Parliament provides the API on an “as-is” basis. To the extent permitted by law, Queensland Parliament does not provide any guarantees or warranties (including statutory warranties) in relation to the API, including but not limited to, that the API will meet your specific requirements, your access to or use of the API will be uninterrupted or error-free, or that any identified errors in the API will be corrected.

Limitation of Liability

  • 35. To the extent permitted by law, Queensland Parliament is not liable to you or any of your end users for any loss, damage, cost or expense suffered or incurred including, but not limited, to any loss of profits/revenue, loss of use, loss of goodwill or any compensation for interruption of your business or any other direct/indirect, special, incidental or consequential loss or damages of any kind, (including legal fees) whether arising directly or indirectly from:
    • a. your use, attempted use, or operation of the API or the Documentation;
    • b. your access to the API, or compatibility issues; or
    • c. any unavailability of the service or performance of the API.

Indemnity

  • 36. You agree to indemnify Queensland Parliament for any loss, damage, cost or expense (including any reasonable legal costs) incurred by Queensland Parliament or any liability owed by Queensland Parliament to a third party arising from or related to:
    • a. any breach by you of the Terms;
    • b. any breach of any third-party IP rights, including but not limited to copyright, patents, trade mark or trade secrets, irrespective of whether the breach is a result of actual publication by Queensland Parliament or otherwise;
    • c. any breach of confidentiality, security or privacy;
    • d. the use by any person of the API with your credentials; or
    • e. any wilful, deliberate or unlawful acts or omissions by you (including any loss or damage resulting from the unauthorised lodgement of any application through your API Client).
  • 37. Any amounts payable shall be reduced proportionately to the extent that Queensland Parliament caused or contributed to the relevant loss, damage, cost or expense.

Termination of this Agreement

  • 38. You may stop using the API at any time with or without notice.
  • 39. Queensland Parliament reserves the right to terminate this Agreement with you for any reason and at any time without liability or other obligation to you. Upon termination of the Terms, you must immediately cease all use of the API and remove all Queensland Parliament branding from your API Client(s). This right does not affect any accrued rights that Queensland Parliament may have against you at the time of termination.
  • 40. As per clause 6 of this Agreement, Queensland Parliament may terminate or suspend access to the APIs by you or your API Client(s) without notice if we reasonably believe that you are in violation of the Terms.
  • 41. Upon termination of this Agreement, those Terms that by their nature are intended to continue, will continue to apply, including but not limited to, the following clauses:
    • a. 34 (Warranties);
    • b. 35 (Limitation of Liability);
    • c. 36 (Indemnity); and

Governing law and jurisdiction

  • 42. The Terms are governed by the law of Queensland and both you and Queensland Parliament irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts and tribunals of Queensland.

Definitions

Under this Agreement the following words have their corresponding meanings, unless the context suggests otherwise:

  • Agreement means this agreement between Queensland Parliament and You.
  • API means Queensland Parliament’s Application Programming Interface.
  • API Client means software developed by you for use with the API.
  • API Credential means the username/passphrase, API Key, security certificate or other technology used to authenticate your API Client’s access to the Queensland Parliament API.
  • API Documentation means Queensland Parliament’s documentation for describing, producing, consuming, and visualizing the API.
  • API Portal means a website on which Queensland Parliament publishes API Documentation, forms and other information as required to gain access to the API and other information relate to the API.
  • Confidential Information means any information which one party discloses to another party in connection with these Terms that:
    • is designated by the disclosing party, or notified in writing as confidential; or
    • the receiving party knows or ought reasonably know is confidential,
    • but does not include:
      • any information that is or becomes part of the public domain otherwise than as a consequence of a breach by you of these Terms; or
      • any information that is independently developed by you or Queensland Parliament; or
      • any information that is obtained by you from a source other than Queensland Parliament and any information that is obtained by Queensland Parliament from a source other than you which source is entitled to disclose it to you or Queensland Parliament.
  • Documentation means all API specifications, Software Development Kits, sample code and other similar material provided by Queensland Parliament regarding the Queensland Parliament API.
  • Terms means the terms of this Agreement.
  • You means you, being a person who has applied to have their API Client(s) access Queensland Parliament’s API and includes any of your officers, employees, personnel, agents or subcontractors (as applicable).