TERMS OF USE for Auckland Transport API

Welcome

Auckland Transport welcomes you to the Auckland Transport API (the "API"), which allows you to access certain information and data provided by Auckland Transport ("API Content"). Set out below are Auckland Transport terms and conditions for use of the API and API Content (the "API Terms").

1. Introduction

1.1 Scope: These terms of use ("Terms") govern your access and use of:

  • 1.1.1 the Auckland Transport API ("API"); and
  • 1.1.2 the information and data Auckland Transport (we, us, our) provides through the API ("Content")
  • 1.1.3 transformation, alteration, rearrangement or any other modification of Content ("Adapted Content")

(together "API Service").

1.2 Terms: By registering to use the API Service you agree to be bound by these Terms and the Auckland Transport Website and Mobile App Terms and conditions

  • 1.2.1 In the case of conflict between these Terms and the Auckland Transport Website and Mobile App Terms and conditions, these Terms shall prevail.

1.3 Amendments: These Terms may be amended by Auckland Transport from time to time. Changes to these Terms will take effect immediately once they are published on the API developer portal. By continuing to access and use the API Service after we have published amended Terms, you agree to be bound by the amended Terms.

2. Intellectual Property

2.1 All copyright and other intellectual property rights that may subsist in the API (including any software and data stored on them) belong to us or our suppliers (as the case may be).

3. Use of the Content:

Subject to the limitations set out in clause 5, Auckland Transport grants you a revocable, non-sublicensable, non-exclusive, non-transferable licence to use to:

3.1 Publish, distribute and display the Content in any digital and print media;

3.2 Use the Content as a basis for analysis and comparison;

3.3 Create Adapted Content for personal use subject to clause 4.5 of these Terms.

4. Limitations on Content use:

4.1 You must reproduce the Content accurately;

4.2 You must acknowledge the source and copyright status of the Content;

4.3 You cannot to use the Content in any publication material which is defamatory, offensive, unsuitable for minors, abusive, indecent, menacing, or otherwise unlawful, or which contains a virus or other harmful code;

4.4 No Commercial use: You cannot to use the Content for any commercial purpose;

4.5 Adapted Content: You cannot publish, make available, distribute or otherwise share in any other way any Adapted Content unless you receive prior written permission from Auckland Transport.

4.6 Advertisements: Where Content is published on your website(s) and application(s), you may place advertisements on and around your website(s) and application(s) provided that any advertisements do not associate with or is likely to be associated with the Content or Auckland Transport in general;

4.7 Auckland Transport Values and Brand: You will not use the Content or any aspect of Auckland Transport’s relationship with you in a manner that could, in Auckland Transport’s reasonable opinion, cause harm to Auckland Transport’s goodwill, conflict with Auckland Transport values or which could cause Auckland Transport brand to be brought into disrepute.

4.8 Combining Datasets: You will not use the Content provided to you, including in combination with other data, to identify whether directly or indirectly, any person or entity and their personal information. If you become aware of any method or algorithm for doing so, you will immediately cease to use any such method and advise Auckland Transport of the method. You will make no public statement without permission from Auckland Transport.

5. API Integrity:

5.1 You must not obtain unauthorised access to, or damage, disrupt or interfere with the operation of the API including but not limited to:

  • 5.1.1 Reverse engineering or otherwise deriving source code, data including metadata in the API or part thereof;
  • 5.1.2 Attempting to exceed or circumvent limitations on access, calls and use of the API, or otherwise use the API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply with the Terms;
  • 5.1.3 Using the API to violate, circumvent or attempt to violate or circumvent any data security measures employed by the API, access or attempting to access data or information which are not intended for your use; logging into, or attempting to log into, a server or API account which you are not authorised to access;
  • 5.1.4 Attempting to scan or test the vulnerability of the API or Auckland Transport servers, system or network including, without limitation, hacking, submitting a virus, overloading, mail-bombing or crashing the API or Auckland Transport servers, system or network.

6. Security

6.1 Passwords: You are responsible for keeping your password secret and secure. The password you select should not relate to any readily accessible data such as your name, birth date, address and telephone number, driver's licence or passport. Neither should it be an obvious combination of letters and numbers such as sequential or the same numbers. You are responsible for all use of the API and all other activities that occur, through use of your registration and password. If you believe an unauthorised person knows your password, you must notify the Auckland Transport immediately and change your password as soon as possible.

7. Termination

7.1 Auckland Transport may change, suspend or discontinue the API at any time without notice and suspend or terminate your use of the API at any time for a breach of the Terms.

7.2 Without limiting clause 7.1 Auckland Transport may limit your access to the API if it, in our sole discretion, may negatively affect the API or the ability to provide the API.

7.3 You may terminate your use of the API at any time by requesting that Auckland Transport deregister your API account. These Terms will still apply to the use of any Content and Adapted Content.

7.4 Upon termination or suspension of the Terms:

  • 7.4.1 All rights and licences granted to you under these Terms will terminate immediately; and
  • 7.4.2 You will cease use of the API Service and destroy all Content and Adapted Content in your possession or control.

8. Warranties, liability and disclaimers

8.1 Fit for purpose: Auckland Transport does not guarantee the accuracy, completeness or availability of the Content. You are solely responsible for determining whether the Content is suitable for your purposes.

8.2 Availability of API:

  • 8.2.1 Access: Auckland Transport does not guarantee that the API will be available, uninterrupted, error free or free from viruses or anything else of similar destructive qualities
  • 8.2.2 Maintenance: Auckland Transport may suspend and change the API, in its sole discretion, for the purposes of carrying out any maintenance and administrative work. Where reasonably practicable we will give you notice in advance of any such modification or suspension.

8.3 Exclusion of Liability: To the fullest extent permitted by law:

  • 8.3.1 All warranties, representations and warranties (whether express, implied or statutory) are excluded, including without limit, suitability, satisfactory quality, fitness for purpose, compatibility, non-infringement, accuracy, security or completeness of the API Service and its associated content; and
  • 8.3.2 Auckland Transport will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with either your access to and/or use (or inability to use) the API Service and its associated content.

8.4 Indemnity: You indemnify and will keep indemnified Auckland Transport against all actions, proceedings, losses, liabilities, damages, claims, demands, costs and expenses (including all legal costs and expenses) suffered or incurred by Auckland Transport or for any claim brought against Auckland Transport by a third party that arises out of or is in connection with your use of the API Service.

9. Privacy

9.1 The Auckland Transport Privacy Policy governs Auckland Transport’s use of any personal information you provide during your use of the API Service.

9.2 Auckland Transport collects the information you provide by registering an account with the API for the purposes of administration and provision of the API Service.

10. General clauses

10.1 Notice: We may notify you via postings on the API developer Portal and/or directly to the contact details provided on registering your account with the API Service.

10.2 Entire agreement: These Terms constitute the entire agreement of the parties about its subject matter and supersedes any previous understanding or agreements on that subject matter.

10.3 No Waiver: Our failure or neglect to enforce at any time any of these Terms will not be construed to be a waiver of our rights, or to in any way affect the validity of the whole or any part of these Terms, or to otherwise prejudice our rights to take subsequent action. Any waiver made by us in respect of any right provided for in these Terms will not be construed to be a waiver of any further or future right arising under these Terms.

10.4 No Assignment: You cannot assign, transfer or subcontract all or part of your rights or obligations under these Terms.

10.5 Jurisdiction: These Terms are governed by New Zealand law and the courts of New Zealand shall have exclusive jurisdiction.

10.6 Contact: If you have any questions or concerns in relation to the Terms or the API in general, please contact us at atapi@at.govt.nz