1. PointData API Conditions

1.1 You have purchased a PointData Product which includes the PointData API.
1.2 You agree that you are bound by the Product Schedule and the PointData Terms of Use available at Terms & Conditions – PointData, and that your access and use of the PointData API is further subject to these API Conditions.

2. Definitions

2.1 Capitalised terms in the PointData Terms apply to these API Conditions, except where the context requires otherwise.
2.2 In these API Conditions:

API Communication means communications that we may send to you, from time to time to your nominated email address, regarding changes to these API Conditions or providing directions regarding your access and use of the PointData API (which may contain confidential information).

API Conditions means these API terms and conditions.

PointData / Us / We / Our means PointData Pty Ltd (ACN 166 676 919), its officers and employees, any subsidiaries or Related Bodies Corporate of PointData Pty Ltd.

PointData API means the PointData API as made available to you under this agreement.

PointData Terms means the PointData Terms of Use, which are available at: Terms & Conditions – PointData

PointData Website means pointdata.com.au.

Product Schedule means the PointData Product Schedule which will be issued to you in connection with your purchase of the Product.

Related Body Corporate has the meaning given in section 50 of the Corporations Act 2001 (Cth).

User means any person that accesses the PointData API using your login credentials, including but not limited your employees, agents, officers, consultants and contractors.

You / Your means you as an individual, and in circumstances where you are purchasing or accessing the PointData API on behalf of an entity, you and that entity severally and jointly.

3. API Conditions

3.1 By purchasing or accessing the PointData API you agree to be bound by these API Conditions.
3.2 The PointData API constitutes a Product for the purposes of the PointData Terms, and all terms and conditions that apply to the Product under the PointData Terms will also apply to the PointData API.
3.3 If you access or use the PointData API on behalf of an entity:

(a) you warrant and represent to us that you are duly authorised to bind that entity to these API Conditions; and
(b) by purchasing or accessing the PointData API you agree to the API Conditions on behalf of that entity.

3.4 We reserve the right to revise or update these API Conditions from time to time. It is your responsibility to inform yourself of any changes to these API Conditions. If you do not agree to any changes to these API Conditions, then you should immediately cease use of the PointData API.
3.5 By purchasing or accessing the PointData API you consent to receive API Communications from us, and to comply with any reasonable directions in any API Communications.

4. Permitted Use

4.1 We will use reasonable endeavours to assist you with any issues that you may have in accessing or using the PointData API within a reasonable time.
4.2 You must control requests for your User’s access to the PointData API. We will aggregate all usage by your Users for allocation and billing purposes (in accordance with the terms of the Product Schedule).
4.3 You are permitted to access the PointData API for your organisation’s internal use. You must not provide access to the PointData API or the Data to any third-party without our express written consent, including by hosting or integrating the PointData API on any externally facing website or application.
4.4 Where you purchase the PointData API on behalf of any entity, you must ensure any internal use of the PointData API within your business is safeguarded against unauthorised access to the PointData API or the Data.
4.5 You must not collect in volume, persistently store, or create copies of any data (including the Data) or information derived from the PointData API without our express written consent.

5. Your Warranties

5.1 You warrant and represent to us that:

(a) you will comply with these API Conditions, all applicable laws, and any API Communications that you may receive from us from time to time;
(b) you will ensure all Users comply with these API Conditions, all applicable laws, and any API Communications that you may receive from us from time to time;
(c) you will not, and you will ensure all Users do not, use the PointData API in a manner that encourages a breach of law or any third-party right;
(d) you will not use the PointData API or the Data in any way that may cause harm (including but not limited to reputational damage or financial loss) to any other person, including PointData, its licensors, and any other customer who purchases a Product;
(e) you will not attempt to target any vulnerable persons relying on the Data, the PointData API, or any output of the PointData API;
(f) any information you provide to us as part of your acquisition, access or use of the PointData API (including contact and identification details) will be accurate and up to date, and you will update us of any changes to that information promptly; and
(g) you will immediately notify us in writing of any breach of these API Conditions of which you become aware, whether or not that breach was caused by you.

6. Login Credentials

6.1 Following purchase of an applicable Product, you will receive your unique login credentials via an API Communication.
6.2 You may only access the PointData API in accordance with the directions provided by us on the PointData Website for the applicable Product, and in any applicable API Communications.
6.3 You will not provide your login credentials to any other person.
6.4 You may request an additional set of login credentials to allow access for an additional User, should that be required by your organisation. We may determine such a request at our discretion.
6.5 You are responsible for maintaining the confidentiality and security of your unique login credentials, and you agree that you are liable for any breach of these API Conditions by any person who accesses the PointData API using your login credentials.
6.6 If you become aware of any leak or suspected leak of your login credentials, you must notify us in writing of the leak immediately, so that those login credentials may be disabled, in which case new login credentials will be issued to you, at your cost.

7. Access Limits

7.1 We set limits on the use of the PointData API at our absolute discretion, which may include limits in relation to the number of Users who may access the API, the number of API requests you may make from a single set of login credentials, and the number of API requests that your organisation may make in total.
7.2 The relevant limits that apply to your access of the PointData API are set out in the Product Schedule, and are subject to any update to those limits communicated via an applicable API Communication.
7.3 You must comply with the limits outlined in the Product Schedule and any applicable API Communication. You may request to exceed the applicable limits by emailing us at enquiries@pointdata.com.au. We will determine whether to allow you to exceed those limits on a case-by-case basis, at our absolute discretion. We will provide you with written notice of our determination within a reasonable time (and may impose conditions, including additional charges).

8. API Maintenance

8.1 We may conduct scheduled maintenance of the PointData API from time to time, during which time the PointData API may be inaccessible. We will use reasonable endeavours to notify you of any scheduled maintenance periods, during which the PointData API will be inaccessible.
8.2 Unscheduled maintenance of the PointData API may be necessary from time to time, in which case we will use reasonable endeavours to minimise the period in which the PointData API is inaccessible.

9. Monitoring Your Access

9.1 You agree that we may monitor your use of the PointData API, at our discretion, including to assess quality control, potential security breaches, your compliance with these API Conditions, and potential improvements to our Products.
9.2 You must not take any action which may prevent us from monitoring your use of the PointData API. Where we reasonably suspect that you have breached this clause, we made suspend your access to the PointData API, at our discretion and without notice to you, and use all means available to us to overcome any interference with our monitoring.
9.3 If we determine to suspend your access to the PointData API under this clause, we will use reasonable endeavours to review the suspected breach as soon as practicable, and restore your access to the PointData API promptly where we determine no breach has occurred.

10. Disclaimers

10.1 The PointData API enables access to data Products using Data provided by various State Governments. We have no control over that Data.
10.2 We do not represent or warrant to you that the PointData API:

(a) is fit for any particular purpose;
(b) will perform to any particular standard;
(c) will operate without error, or that we will correct any such error;
(d) will be available for any particular uptime;
(e) is free of any content that is illegal or violates these API Conditions; or
(f) will be updated or improved at any stage.

10.3 We reserve the right to alter the content or functionality of the PointData API at any time in our absolute discretion.
10.4 To the maximum extent permitted by law, we disclaim any warranties that may apply to the PointData API. Nothing in these API Conditions purports to exclude any warranties that cannot be excluded by law.
10.5 While we use reasonable endeavours to ensure the PointData API operates substantially in accordance with its intended purpose, you acknowledge and agree that the disclaimers in clauses 10.2 and 10.3 are fair and reasonable to protect PointData’s interests having regard to:

(a) the requirements imposed on us by each State Government, as are outlined in the Licensor Conditions of Use clause of the PointData Terms; and
(b) PointData’s inability to control or verify the accuracy of the Data which we rely upon to generate data Products using the PointData API.

11. Intellectual Property

11.1 Except as permitted by these API Conditions, you must not use any of PointData’s intellectual property or the intellectual property of our licensors, without our express written consent, including in any advertising or marketing materials.
11.2 You must include the following attributions in any materials that are derived from or refer to the PointData API or the Data:

(a) “The data products used here remain the intellectual property of PointData Pty Ltd www.pointdata.com.au and its suppliers of licensed data, as used within each product”; and
(b) any applicable attribution required as outlined in the Licensor Conditions of Use clause of the PointData Terms.

12. Audit

12.1 We may, with reasonable written notice, audit you and your systems to ensure compliance with these API Conditions.
12.2 We will use reasonable endeavours to ensure any audit under this clause 12 is carried out in a manner that causes minimal disruption to you and your use of the PointData API.

13. Termination

13.1 We may suspend or terminate your access to the PointData API for any breach or suspected breach of these API Conditions, at our discretion, acting reasonably. We may allow you a period to rectify any breach of these API Conditions, at our absolute discretion.
13.2 Upon termination you must immediately:

(a) cease all use of the PointData API;
(b) ensure all of your Users cease use of the PointData API;
(c) delete any cached information which you have derived from the PointData API; and
(d) destroy all data you have derived from the PointData API.

13.3 In the event of suspension or termination, we reserve the right to:

(a) audit you and your systems to assess your compliance with this clause; or
(b) require your authorised representative to provide a statutory declaration that you have complied with the conditions in clause 13.2,

where we have a reasonable belief that you have not complied with clause 13.2.

13.4 Clauses 5, 10, and 11 the survive termination of these API Conditions, and are obligations which you must continue to abide by.