1.          Access to the Developer Portal and APIs

(a) You must be a registered user before you can access the Developer Portal and APIs.  To register as a user, contact us at: TCSI.Support@humanservices.gov.au. We reserve the right to refuse to register a user for any reason.  You agree that any access to the Developer Portal or APIs using your credentials will be treated as access by you under these Terms of Use.

(b) Access to the Developer Portal and the APIs is provided on an "as is" basis, without any warranty of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, acceptable quality, or non-infringement.  We may change any aspects of the Developer Portal or the APIs at any time and without notice.

(c) All intellectual property rights (including copyright) associated with the Developer Portal or APIs, will remain vested in us (or the relevant third party).

(d) We grant you a non-exclusive and non-transferable right to access the Developer Portal and the APIs to create the Developed Material in accordance with these Terms of Use. 

(e) Some aspects of the Portal and APIs are licenced as Third Party Material in accordance with clause 4 below.  Subject to clauses 1(f), 2, 3 and 4 below and unless set out otherwise in the Developer Portal or APIs, material you access on the Developer Portal and the APIs that is owned by the Commonwealth of Australia is licensed to you on the terms of the Creative Commons Attribution 4.0 International Public License: (https://creativecommons.org/licenses/by/4.0/legalcode).

(f) No licence is granted to you to use the Commonwealth Coat of Arms or any of our logos or branding.

2.          Acceptable Use Obligations

Without limiting your obligations, you must not do or attempt to do (or enable as part of Developed Materials) any of the following:

(a) obstruct, avoid, obscure, change or render ineffective any aspect of the Developer Portal, the APIs or the TCSI Solution, including by removing or avoiding security features, attributions, or legal terms that are provided to users;

(b) transmit any Harmful Code to or through the Developer Portal, APIs or TCSI Solution;

(c) except for the purpose of creating the Developed Materials:

(i)               reverse engineer or otherwise seek to copy or reproduce any part of the functionality, design, or software incorporated into the Developer Portal, APIs or TCSI Solution; or

(ii)              make available the whole or part of the APIs or TCSI Solution for access by a third party;

(d) make available the whole or part of the Developer Portal for access by a third party unless they are assisting you to create the Developed Material;

(e) post any content on any forums or blogs on the Developer Portal which is likely to be:

(i)               abusive, obscene, offensive, indecent or defamatory;

(ii)              in breach of intellectual property rights or moral rights;

(iii)             in breach of any obligations of privacy or confidence;

(iv)             harassing, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability; 

(v)              in breach of any laws; or

(vi)             false, misleading or deceptive;

(f) release or distribute log-in details for the Developer Portal, or any other components related to the TCSI Solution;

(g) provide to us any false or misleading information. You acknowledge that giving false or misleading information is a serious offence under the Criminal Code Act 1995 (Cth);

(h) engage in or enable any denial of service activity in respect of the Developer Portal, APIs or TCSI Solution; or

(i) use the Developer Portal, APIs or TCSI Solution in any way or for any activities that breach applicable laws or regulations (including infringement of third party rights).

3.          Third party content

(a) The Developer Portal and APIs contain information and content provided by third parties, including under license to us (Third Party Material).  This includes the APIs specification and any other software configured in the APIs.

(b) Your right to access Third Party Material is subject to access in accordance with these Terms of Use and additionally access to the APIs must not be for the purpose of commercialisation. Nothing in these Terms of Use grant you any right to sell or otherwise distribute to a third party the APIs or any software configured within the APIs.  You agree as a condition of access to the Developer Portal and APIs to comply with these Terms of Use, including any additional requirements in relation to Developed Materials. 

(c) We do not verify Third Party Material, which may not be complete, timely or accurate for your purpose.  We make no representation or warranty of any kind as to the accuracy, timeliness or completeness of Third Party Material and do not endorse the Third Party Material. We are not liable for any Third Party Material, including where it does not meet the same obligations as set out in clause 2 of these Terms of Use.

4.          Developed Materials

(a) We do not assert any rights over the Developed Materials that you create (including copyright or other intellectual property rights in Developed Materials).  As between us, any such rights in the Developed Materials that you create vest in you on creation.

(b) You must in respect of any Developed Materials:

(i)               attribute us (or the relevant third party) as the owner or licensor of any aspects of the material on the Developer Portal or APIs that are reproduced in the Developed Materials, including in accordance with any requirements set out in the Developer Portal and/or APIs;

(ii)              not claim or imply any sponsorship, endorsement, approval or affiliation or other association with us (or the Commonwealth of Australia) by virtue of your access to the Developer Portal or APIs or use of such material;

(iii)             expressly state in any Developed Material that they are not sponsored, endorsed or approved by us (or by the Commonwealth of Australia); and

(iv)             ensure that you obtain from any third party users of Developed Material equivalent exclusions of liability in respect of our liability to the exclusions set out in clause 7 of these Terms of Use.

5.          Security

(a) We do not guarantee the security of the Developer Portal and/or APIs.  We do not warrant that access to the Developer Portal and/or APIs will be uninterrupted or error free, that defects will be corrected, or that the Developer Portal and/or APIs are free of Harmful Code.  You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements and those of third party users of the Developed Materials.

(b) You must keep all of your passwords and registration details secure and not disclose them to or share them with any third party.

(c) Should you access a third party link via the Developer Portal or APIs, you acknowledge that you do so at your own risk and the content you access will not have been produced, endorsed, or checked for accuracy or otherwise reviewed by us.

(d) You agree to immediately notify us in writing if you consider or suspect that any unauthorised access or use of the Developer Portal or APIs has occurred. 

6.          Privacy

(a) We may monitor your access of the Developer Portal and/or APIs.  When visiting the Developer Portal, a record of your visit is logged.  By accessing the Developer Portal you may also submit other information, including personal information as defined in the Privacy Act 1988 (Cth), to us and other third parties over the Internet.

(b) Our Privacy Policy (https://www.humanservices.gov.au/organisations/about-us/publications-and-resources/privacy-policy) applies to any personal information collected by us from users of the Developer Portal and/or APIs.

(c) In connection with your access to the Developer Portal and APIs including any information you make available via the Developer Portal, and in respect of Developed Materials, you:

(i)               must comply with all applicable Australian Privacy Laws;

(ii)              may not do an act, or engage in a practice, that would breach an Australian Privacy Principle in Schedule 1 of the Privacy Act 1988 (Cth) if done or engaged in by the Department; and

(iii)             must as soon as possible, but within 2 business days, notify the Department if you become aware of or have reasonable grounds to suspect there may be an eligible data breach within the meaning of section 26WE of the Privacy Act 1988 (Cth).

7.          Liability

(a) Without limiting these Terms of Use, you agree that to the maximum extent permitted by law we (and our employees and agents) exclude any and all liability we (or they) may have at law, including in contract, tort (including negligence), under statute or otherwise, to you or anyone acting on your behalf for any claims, costs, losses, liabilities, expenses or damage ("Losses"), arising from or in connection with:

 

(i)               the Developer Portal or the APIs;

(ii)              your access to or use of the Developer Portal or the APIs;

(iii)             errors or omissions in content or information;

(iv)             our termination or suspension of your access to the Developer Portal or the APIs;

(v)              the Developer Portal or the APIs being altered or modified or not being available;

(vi)             the ability of the Developed Material to access the TCSI Solution; and

(vii)            any Third Party Material provided via or as part of the Developer Portal or the APIs. 

(b) You agree to indemnify, defend, and hold us harmless for any liability incurred by, or claims asserted against, us in connection with any Developed Material or their use. 

 

8.          Termination and Suspension

(a) Your rights to access the Developer Portal and APIs apply in accordance with these Terms of Use unless terminated or suspended by us.  We may:

(i)               terminate these Terms of Use at any time and for any reason (regardless of whether you have breached these Terms of Use) by providing notice in writing to you at the email address you provided to the Department; or

(ii)              suspend your access to the Developer Portal and/or APIs at any time and for any reason (regardless of whether you have breached these Terms of Use) and without notice.  Where we suspend your access, we will notify you after such suspension at the email address you provided to the Department.

(b) On termination and during any period of suspension, all your rights to access the Developer Portal and the APIs cease.  We may also prevent or limit access by any Developed Material to the TCSI Solution.  Termination or suspension does not affect our ability to claim damages or other compensation for breach of these Terms of Use or of our rights at law, including if you access the Developer Portal or API without a valid right.

(c) You agree that damages may not be appropriate as an exclusive remedy in respect of all breaches of these Terms of Use and we will be entitled to seek and obtain an injunction (including on an interim basis) to prevent any alleged breach of these Terms of Use and our rights to the Developer Portal or APIs, in addition to any right to recover damages.

(d) Upon termination or suspension of your access and/or use of the Developer Portal and/or APIs, you must:

(i)               discontinue all use of the Developer Portal and/or APIs;

(ii)              not in any way attempt to access or use the Developer Portal and/or APIs, including by reregistering or otherwise; and

(iii)             if required by us, take such further steps as required in relation to limiting the ability of the Developed Material to access the TCIS Solution and notifying third party users.

9.          Miscellaneous

(a) Entire Agreement: These Terms of Use, together with the PRODA Terms and Conditions, record the entire agreement between you and us, and supersede all previous negotiations, understandings, representations and agreements, in relation to its subject matter.

(b) Variations: Except as specifically permitted under these Terms of Use, these Terms of Use cannot be amended except in writing signed by you and us.

(c) Sale of Goods: All international conventions that might import contractual terms into these Terms of Use are excluded, including the United Nations Convention on Contracts for the International Sale of Goods.

(d) Severance: These Terms of Use are to be read subject to any laws (to the extent they are applicable in the circumstances) that cannot be excluded, so that these Terms of Use will as far as possible be valid and enforceable by us in the relevant circumstance.  Any provision which is prohibited or unenforceable in a jurisdiction will be severed to the extent necessary to make these Terms of Use valid and enforceable. The severance of a provision will not invalidate the remaining provisions or affect the validity or enforceability of that provision in any other jurisdiction.

(e) Export Control: Materials or information that you access under these Terms of Use may be subject to export control laws either in Australia or another applicable location.  You must not use or export or re-export material or information that you have access to in accordance with these Terms of Use (including as part of Developed Materials) except as authorised by applicable laws.

(f) No Disadvantage: No rule of construction will apply in the interpretation of these Terms of Use to the disadvantage of us on the basis that we put forward or drafted these Terms of Use or any part of these Terms of Use. 

 

(g) Governing law: These Terms of Use are governed by and construed in accordance with the laws of the Australian Capital Territory and you agree to submit to the exclusive jurisdiction of the courts in that territory.

10.        Definitions

In these Terms of Use:

access means to access, use, or otherwise benefit from the functionality of the Developer Portal or APIs, including by accessing, manipulating and downloading information in accordance with the functionality of the Developer Portal or APIs. 

APIs means any application programming  interface which allows an API user to submit and/or retrieve information or interact with the TCSI Solution.

API user means any person or entity submitting or retrieving information from the TCSI Solution, regardless of whether it is for actual submissions or testing purposes.

Australian Privacy Laws means the Privacy Act 1988 (Cth), including the Australian Privacy Principles and any relevant registered privacy code as well as any relevant State or Territory privacy law.

Department means the Department of Human Services.

DET means the Australian Government Department of Education and Training.

Developed Material has the meaning set out in the introduction to these Terms of Use.

Developer Portal means the internet address or subdomain of: https://test.developer.api.humanservices.gov.au/centrelink/ext-vend/  including all information and tools contained within.

Harmful Code means any software or code that is designed to infiltrate a device, computer or system without a user's informed consent, such as malware, virus, hacking tools and Trojans, irrespective of the origin.

PRODA means the Provider Digital Access made available by us for authentication as part of access to the Developer Portal and APIs.

PRODA Terms and Conditions means the terms and conditions for PRODA available at: https://vnd.proda.humanservices.gov.au/pia/pages/public/registration/account/createAccount.jsf.

TCSI means Transforming the Collection of Student Information, a joint initiative between DET and us.

TCSI Solution means the Transforming the Collection of Student Information systems and components.

Third Party Material has the meaning in clause 3(a) of these Terms of Use.

  

By clicking the checkbox acknowledging that you accept these Terms of Use, clicking the "Confirm" button and submitting this document, you acknowledge that you have read and accept the above Terms of Use.