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Developer Centre Application Programme Interface Terms and Conditions of Access and Use (API Terms and Conditions)

Introduction

Accident Compensation Corporation’s Application Programme Interface (APIs) are web services that allow data to be sent to and from ACC in the prescribed format.

Your access and use of Accident Compensation Corporation’s Application Programmes Interfaces (API) is governed by:

  1. Accident Compensation Corporation’s Application Programmes Interfaces Terms and Conditions (API Terms and Conditions); and
  2. Conditions of Use of Accident Compensation Corporation’s websites.

The current version of these API Terms and Conditions applies whenever you use our APIs. In these API Terms and Conditions, ‘we’ means Accident Compensation Corporation. 'Our' and 'us' have a corresponding meaning.

Other terms (Specific Terms) apply for particular APIs, and we will provide you with the Specific Terms for the API you’ve asked to us to provide – the Specific Terms apply to those services only, and may vary these General Terms as they apply to that particular API.

Definitions

For the purposes of these Terms (unless the context otherwise requires):

ACC means Accident Compensation Corporation;

Application means your application that consumes, or that you intend will consume, the API;

API has the meaning given in the Introduction section;

Data means any data that we, at our discretion, provide or make available to you and your customer through the API;

Developer Centre means our API Developer Centre https://legacy.developer.acc.co.nz

Intellectual Property Rights means any copyright, patent, trademark, design right, trade secret, eligible layout, or other industrial or intellectual property right.

Modification has the meaning given in clause 14;

Purpose has the meaning given in clause 11;

Terms means the General Terms and the Specific Terms of these terms of use, as amended from time to time in accordance with clause 48.

You means the person or entity using the API, and "your" has a corresponding meaning.

Information collected by ACC from you

1. Information we have collected (and will collect while providing services to you) will be held and used to provide the services you’ve asked from us. We may also collect information from, and disclose information to, other people for these purposes.

2. We may also use the information collected to send you information about our services if you have consented to that use in that case.

Applicability of these Terms

3. These Terms apply to your access to and use of our API. These Terms are made up of our General Terms (which are consistent across all our APIs) and Specific Terms (which apply only to the API).

4. By using or applying to use our API, you agree to be bound by these Terms, and to use the API solely in accordance with these Terms. If you do not accept our Terms then you must not access or use our API.

5. The agreement between you and us governed by these Terms will commence on the date upon which you agree to these Terms and will continue until you stop using our API or we terminate your access to the API, or terminate the agreement, or both.

Application to access ACC’s API

6. Access to our APIs is through the Developer Centre. To access the Developer Centre you must sign up as a user on our website developer.acc.co.nz. You must perform and complete user acceptance testing of the API against any acceptance criteria notified to you (as applicable). You are deemed to have accepted the API upon going into a production environment.

7. To access and use our API for an Application you need to apply for access through the Developer Centre.

8. All information in your application must be accurate, up-to-date, true and not misleading in any way and we may immediately terminate your access to our API, and any other APIs if you breach this clause.

9. We may request more information from you in relation to an application for access to allow us to consider your application and make a decision. We may accept or decline your application to use the API in our sole discretion, including for any reasons set out in the Specific Terms. If we issue access to you, you must:

  1. keep that access secure (including if access is through a Key);
  2. authorise and secure user access to and use of the API, and manage those users, including each individual’s login and password detail; and
  3. in the case of if a Key is issued, only use the Key for the Application for which the Key has been issued.

10. Key access may be used by an Application to consume multiple APIs. You must not use a Key for more than one Application, and you must apply for a different Key for each different Application that you want to consume the API.

API Usage

11. Once we issue you with access for our API, you are granted a non-exclusive, non-transferable, terminable, limited licence under our Intellectual Property Rights in the API to use the API for the specific purposes described in the API on the Developer Centre to use and access the API (Purpose).

12. You must not use or access our API for any purpose other than as described in the Purpose.

13. If you use our API to enhance a service offered to your customers, you must ensure you operate that service:

  1. lawfully and ethically; and
  2. in a manner that does not damage or adversely affect our reputation or the reputation of the API or our services.

14. We may review our API and the Data regularly and we may modify, replace or upgrade our API and /or the Data at any time at our discretion (Modification). We have no liability to you for any Modification we make. You will apply any upgrades we make to the API within the timeframe as notified by us.

15. You acknowledge that the API will not always be available. The API will be the subject of repair, maintenance and upgrade in accordance with a maintenance schedule, but may also not always be available where unscheduled and/or emergency work is being carried out.

16. You may discontinue use of our API following a Modification. Your continued use of the API following a Modification will be deemed to be your acceptance of that Modification.

Data

17. Any Data we supply or make available to you under these Terms is supplied on an 'as is' basis, without warranties of any kind, and your use of the Data is at your sole risk.

18. We reserve the right to change the Data at any time.

19. We will track your use of our API and the Data in order to identify any use of the API and the Data outside of the permitted uses set out in these Terms.

Restrictions on Use of ACC’s API

20. You must not, and you must ensure that your customers do not:

  1. use or access the Developer Centre or the API other than in accordance with the Purpose and these Terms;
  2. use or access the Developer Centre or the API for any illegal, misleading, immoral, defamatory or unethical purposes, in any way that breaches the rights of any person, or in any way that (in our opinion) would damage or adversely impact our reputation;
  3. use or access any software, systems, or materials under or in connection with these Terms other than those you are expressly permitted to use and access under these Terms;
  4. copy, modify or reverse engineer any software used by us or our licensors;
  5. damage, disrupt or interfere with the Developer Centre or the API or any other software or systems used by us or our licensors; or
  6. copy, reproduce, publish, sell, let, modify, extract or otherwise part with possession of the whole or any part of the API or relay or disseminate the same to any third party, other than as expressly permitted by these Terms.

21. You must, and must ensure that your customers who use your services:

  1. ensure that the security and privacy of the API is protected to the greatest extent practicable and complies with the Privacy Act 1993;
  2. comply with all reasonable security requirements that we notify to you from time to time; and
  3. limit use of, and access to, the API to those persons authorised by you to use and access the API.

Intellectual property and confidentiality

22. We own, or license from a third party, all rights, title and interest, including Intellectual Property Rights, in and to:

  1. the API and the Data;
  2. all other software and systems used by us and our licensors in connection with the API and the Data; and
  3. any other documents or materials you access through the API.

23. While you may use your own trade marks on the version of the service that you provide using the API, you must:

  1. not use any of our trade marks, business names or logos without our express written approval;
  2. comply with all guidelines and requirements issued by us regarding use of any of our trademarks or logos; and
  3. not remove or tamper with any logos, business names or trademarks, or disclaimer or copyright notice attached to or used in relation to the API, the Data or our services.

24. You must not

  1. promote or provide any goods or services in any way which is misleading or deceptive or which suggests the goods or services are provided or endorsed by, or in any way affiliated with us;
  2. make any statement or claim relating to the Data being approved, recommended or endorsed by us, except as approved by us in writing or as set out in the Specific Terms; or
  3. make any statement or claim relating to the Services that has or may have a negative effect on our reputation.

Termination

25. Either you or we may terminate the agreement formed by these Terms, your access to the API in respect of one or more Applications, and your access to any other APIs made available to you through the Developer Centre at any time on 30 days’ written notice to the other party.

26. We may suspend or disable your login, with or without notice, if we become aware or suspect that any unauthorised access or other incident has occurred or may occur that threatens or may threaten the security or integrity of the API in whole or in part; or a person has obtained or may obtain access to any Confidential Information or has used or attempted to use any Confidential Information for purposes not authorised or permitted by the terms of this Agreement.

27. We may immediately terminate the agreement formed by these Terms, your access to the API in respect of one or more Applications, and your access to any other APIs made available to you through the Developer Centre by giving written notice to you if:

  1. you breach (or your customer breaches) these Terms and that breach cannot be remedied within 20 days of you receiving notice specifying the nature of that breach and requiring it to be remedied;
  2. you cease or threaten to cease to carry on all or substantially all of your business or operations, are declared or becomes bankrupt or insolvent, are unable to pay your debts as they fall due, enter into a general assignment of your indebtedness or a scheme of arrangement or composition with your creditors, have a liquidator, receiver or manager appointed in respect of any of your assets or take or suffer any similar or analogous action in consequence of debt;

28. We may immediately terminate the agreement formed by these Terms, your access to the API in respect of one or more Applications and your access to any other APIs made available to you through the Developer Centre by giving written notice to you if the API or the Data are no longer available.

29. On termination of the agreement formed by these Terms for any reason or your access to the API in respect of one or more Applications for any reason:

  1. you must cease, and you must ensure that your customers cease, all use of and access to the API and the Data (except as set out in the Specific Terms) in respect of the relevant Applications;
  2. you must cease using and delete all Keys in your possession or control in respect of the relevant Applications; and
  3. we will cancel your Key, and stop your access to the API, in respect of the relevant Applications.

30. On termination of the agreement formed by these Terms for any reason those clauses of these Terms which by their nature are intended to survive termination will continue to apply.

Warranties and liability

31. To the maximum extent permitted by law, we exclude all warranties, representations and conditions in relation to the Developer Centre, the API and the Data, and the availability of the Developer Centre, the API and the Data (whether express or implied), including any warranties of availability, merchantability, fitness for purpose or non-infringement.

32. In particular, you acknowledge that we do not warrant or represent that the Developer Centre, the API or the Data will operate without interruption, will be free of errors, omissions and inaccuracies, viruses or other destructive code or that it will meet your or your customers’ requirements or that all errors or omissions can or will be corrected.

33. You acknowledge that you are using and accessing the API for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply to the API or the Data. You warrant and represent that you have the full power and authority to enter into these Terms and will comply with the provisions of this agreement and the performance of your obligations under this agreement have been duly authorised and that your obligations under this agreement are valid, binding and enforceable.

34. To the maximum extent permitted by law, we exclude all liability to you and any third party for any loss, damage, cost or expense suffered or incurred by you or them arising directly or indirectly from your use of, or access to, the Developer Centre, the API or the Data or otherwise arising in connection with these Terms, and whether in contract, tort (including negligence), statute or otherwise, and even if we have been advised of the possibility of such loss, damage, cost or expense.

35. If we are liable to you or any third party under or in connection with these Terms for any reason, our maximum aggregate liability, whether in contract, tort (including negligence), statute or otherwise, is limited to $100.

36. You indemnify us from and against any claim, proceeding, damage, liability, loss, cost or expense (including legal costs on a solicitor and own client basis), whether arising in contract, tort (including for negligence), statute or otherwise, arising out of or in connection with your or your customer’s breach of these Terms or any act or omission by you or your customer in relation to the Developer Centre, the API or the Data.

General

37. You must and you must ensure that your customers comply with the requirements of the Privacy Act 1993 and any other applicable law or regulations relevant to the possession or use of the API or the Data;

38. You must ensure that your Application and your use of the Developer Centre, the API and the Data complies with all relevant laws.

39. You must ensure that you have obtained all permissions and consents required from your customers to enable compliance with the Unsolicited Electronic Messages Act 2007, where email notifications are sent by the API.

40. Without limiting any other part of these Terms, we will not be responsible or liable for any failure or delay to perform our obligations due to any cause that is beyond our reasonable control or any failure by you to comply with these Terms.

41. You acknowledge that we are not restricted from obtaining from others, or providing any product or service offering ourselves that may be identical or similar to any product or service offering you provide, including any product or service offering that you provide in relation to the API and/or the Data.

42. If you provide any feedback on our API or our services or participate in any forum relating to our API, you agree that we may hold and use your suggestions, comments or other feedback in providing and improving the API and services we offer.

43. You may not transfer, assign or sub-contract any of your rights or obligations under these Terms without our prior written consent. You remain liable for the performance of your obligations under this Agreement despite any approved sub-contracting.

44. If you are an organisation (whether incorporated or unincorporated) and your employees, contractors or agents are accessing or using the API on your behalf, you must ensure that your employees, agents and sub-contractors are aware of and comply with these Terms. You will be liable for all acts and omissions of any person who accesses the API on your behalf, or who accesses the API using your Key (if a Key was issued).

45. Each notice or other communication under these Terms must be in writing and be made by email, personal delivery or by post to the relevant addressee or, in the case of notices given by us, these may be given by posting the notice on our website. If a notice communication is given by email, personal delivery or post it is deemed to be received by the addressee:

  1. in the case of an email, on receipt of transmission on the working day on which it is dispatched or, if it is dispatched after 5.00pm (in the place of receipt) or on a non-working day, then on the next working day after the date of dispatch;
  2. in the case of personal delivery, when delivered; and
  3. in the case of a letter, on the third working day after posting.

46. No failure or delay by either of us to exercise any right or remedy under these Terms will be construed or operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy. No waiver will be effective unless in writing and signed by the relevant party.

47. If any provision of these Terms is held invalid, unenforceable or illegal for any reason, our agreement with you will remain otherwise in full force apart from such provisions, which will be deemed deleted.

48. We can amend or replace these Terms at any time by making the amended or new Terms available through the Developer Centre. If you use or access the API after the Terms have been amended or replaced, your use or access will be deemed as your acceptance of the amended or new Terms.

49. These Terms are governed by the laws of New Zealand and you and we submit to the non-exclusive jurisdiction of the New Zealand Courts.

Conditions of Use for Accident Compensation Corporation websites

These conditions of use relate to the developer.acc.co.nz website (and its online services), which are owned and operated by Accident Compensation Corporation (ACC).

This website is governed by the conditions listed below. If you access or use this website, you are considered to have consented to these conditions.

ACC reserves the right to modify these conditions from time to time. You are responsible for reviewing the conditions, and your continued use of this website constitutes your agreement to the conditions.

The conditions cover:

  • disclaimer
  • copyright
  • communicating electronically with us
  • our online services and forms
    • registration
    • your responsibilities
    • online forms
    • online services support
  • security
  • disclaimers
  • changes to the website
  • suspension of access
  • governing law
  • access from outside New Zealand.

This website is also governed by ACC's privacy policy.

Disclaimer

The information provided on this website is intended to provide information about our services and products. Every effort has been made to ensure that the information set out in this website is accurate. However, visitors to this website are advised that:

  • The information provided does not replace or alter the laws of New Zealand and other official guidelines or requirements;
  • ACC does not accept any responsibility or liability whatsoever, whether in contract, tort, equity or otherwise, for any action taken, or reliance placed, as a result of reading any part, or all, of the information in this website or for any error, inadequacy, deficiency, flaw in or omission from the information provided in this website;
  • All links and references to other websites or organisations not within ACC are provided for convenience only and are not, and should not be taken as, endorsement of those websites or any information contained in those websites;
  • ACC does not necessarily endorse any website or organisation which has links to ACC’s website.

Copyright

Except where stated, the content on this site is the copyright of the Accident Compensation Corporation. It may be reproduced for personal or in-house use without formal permission or charge, with acknowledgement of ACC’s copyright. For permission to use the information on this website for any other purpose, please contact the Webmaster.

This website provides links to other sites. Permission to use copyrighted materials from other sites must be obtained from the copyright owner.

Publicly-accessible texts, and images

While the content on the ACC website is publicly-accessible all content (text, images) is the copyright of ACC.

Copyright queries should be directed in the first instance to Website Management.

ACC only licences users to download and print content (including images) subject to their adherence to the following Conditions of Use. By their use of the content (including images), users agree to follow these Conditions of Use:

  • The content of the ACC website may not be used for any commercial purpose without permission from ACC. You may download and print text and images for your own personal and non-commercial use only. Educational institutions may make print-outs and photocopies for distribution to students.
  • The content (including images) may not be re-published in print or electronic form without permission from ACC.

Users are not permitted to download content (including images)in order to mount them on their own servers for public use or for use by a set of subscribers.

Downloads of text or images to a server for access by third parties is strictly prohibited. Individuals and institutions are encouraged to make a link to the ACC websites subject to our Conditions of Use.

It is not in our interest or that of our users to have uncontrolled subsets of our content available elsewhere on the Internet. Our content is continuously updated and modified on a regular basis.

Communicating electronically with us

We allow you to provide us with certain information through our online forms. However, we will only accept this information online if you use the online form provided on this website.

We are not obliged to accept information by any other means of electronic communication unless specifically agreed with you.

We consent to receiving certain electronic correspondence from users who have completed the registration process. By registering , both you as the user and ACC as the provider agree to correspond with each other electronically.

However, we do not consent to:

  • receive electronically any notice or correspondence for reviewing any decision made by ACC, nor
  • the use any of ACC's email addresses (either specific or general) being designated as an address for service of any documents.

Our online services and forms

Registration

If you want to use some of ACC's online services you will need to complete the registration process for obtaining a user ID and password. This process includes:

  • giving your first and last name
  • giving your own individual email address (not a shared email address)
  • choosing your user ID when registering.

Your responsibilities

As the 'registered user' you are responsible for:

1. Keeping your user ID, password and 'verification of identity phrase' secure:

  • never disclose your password or verification of identity phrase to anyone else, including ACC staff
  • if you think someone has gained knowledge of your user ID, password or verification of identity phrase, you must immediately:
    • change your password, or
    • cancel your online services account using the service provided through this website, or
    • email us.

2. Keeping your registration details up to date

3. Keeping your account active. If we consider that your user ID has become inactive through lack of use we may cancel your online services account. You will then be required to re-register if you wish to continue using our online services.

If you are using our online services as a registered user on behalf of another person, eg your employer, or as a tax agent or nominated person, then every time you use an online service you are saying that you are authorised to do so by that person.

Online forms

This website contains a number of online forms that can be used to give information to ACC.

When completing an online form, you must:

  • fill in all required information
  • ensure that the information you supply is true and correct
  • confirm that the information you are sending is true and correct before sending the form to us.

By submitting an online form, you are considered to have read and accepted ACC's privacy policy for this website.

Any information you have provided will be sent to ACC and we may use it to update your records.

Online services support

ACC provides Online Services Support to:

  • provide support to users of ACC's online services, and
  • help resolve any incidents or problems arising from the use of online services.

The IT Service Desk is available during usual business hours. All reasonable measures have been taken to ensure that the information provided by the IT Service Desk is accurate, however we assume no legal liability or responsibility for the services provided by the IT Service Desk. We may discontinue the IT Service Desk at any time.

Security and damage

You are responsible for any damage that you cause to this website or to any electronic facility or data of ACC. You should be aware that it is unlawful to intentionally cause damage to this website or to any electronic facility or data of ACC through the knowing transmission of any program, information, code or command.

We provide security to protect our website and online services. You are responsible for ensuring that your own computer is secure, including taking all reasonable steps to:

  • prevent someone misusing or getting unauthorised access to your computer system or to our online services, and
  • ensure your computer system and data are free of computer viruses and all other forms of corruption.

ACC makes no warranty, express or implied, nor assumes any legal liability or responsibility:

  • that the website or the server are free of computer viruses or any other harmful components, defects or errors
  • that any defects in the website will be corrected
  • that your access to the website will be reliable, uninterrupted or error-free (including access to any linked websites)
  • for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures, or
  • for any theft, destruction, damage or unauthorised access to your computer system or network.

Users of this website assume all risks associated with any transfer of data or information to ACC, and with any other use of this site:

  • while all reasonable efforts have been taken to ensure the security of the information while in transit to us, we do not guarantee this, and we are not liable for any damage arising from interception, loss, theft, other action or difficulty
  • all data or information transmitted to us through your use of online services becomes the property of ACC and may be relied upon by us in our dealings with you
  • ACC will not be responsible in any manner for direct, indirect, special or consequential loss caused in any way as a result of the use of online services, or this website.

Changes to the website

ACC may change, suspend or discontinue any aspect of this website at any time, including any service or content offered by this website.

Suspension of access

ACC may, at its discretion, suspend or restrict your access to this website or any part of it for any reason, including a breach of these conditions.

Governing law

This website is governed by New Zealand law, and the Courts of New Zealand have exclusive jurisdiction.