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Queensland Legislation API Access Agreement

 

1. Queensland Legislation API


1.1 The Queensland Legislation application programming interface located at https://api.legislation.qld.gov.au or any other location from time to time (Queensland Legislation API) is created and developed by the State of Queensland acting through the Office of the Queensland Parliamentary Counsel (OQPC).


1.2 By registering as a user, or otherwise using the Queensland Legislation API, you agree to the terms and conditions of this Queensland Legislation API Access Agreement (the Agreement). If you are using the Queensland Legislation API for an employer or other third party, you represent that you have the authority to enter into this Agreement on behalf of that entity.


1.3 You must register as a user to access the Queensland Legislation API. To become a registered user, you must provide some contact details including your name and email. These details and all other personal information you provide to OQPC are subject to OQPC's Queensland Legislation API privacy notice, which forms part of this Agreement.


2. What we ask of you


2.1 Your use of Queensland Legislation API 


You must keep your username and password secure at all times, not permit any other person to use your Queensland Legislation API account, and let us know immediately if you suspect that the security of the Queensland Legislation API may have been compromised. 


2.2 Lawful purpose


You must use the Queensland Legislation API, and all copyright material available on or through the Queensland Legislation API (Content), only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit the use of the Queensland Legislation API or access to the Content by any third party. This means you must not use, or allow another person to use, the Queensland Legislation API or Content in any way that:

  1. is unlawful, misleading or deceptive, including by representing or implying that the Queensland Government or its agencies endorse, approve, or are affiliated in any way with, you or any use you make of the Queensland Legislation API or any of your products or services;
  2. may harass or cause distress or inconvenience to any person;
  3. involves the transmission of obscene or offensive content; or
  4. disrupts OQPC's services, including by attempting to circumvent security measures to gain unauthorised access to any part of OQPC's systems.


3. Intellectual property


3.1 Unless otherwise noted, all Content is licensed under a Creative Commons Attribution 4.0 International License (CC BY 4.0) and is subject to the Queensland Legislation copyright statement.


3.2 You must ensure that you read and understand the documents referred to in paragraph 3.1 before using the Queensland Legislation API or any Content.


3.3 The Queensland Legislation API includes open source software, and your use of the Queensland Legislation API is subject to any licences governing such material. For further information see https://swagger.io/ and https://www.apache.org/licenses/LICENSE-2.0.


4. Disclaimer and limitation of liability

4.1 You should exercise your own skill and care with respect to the use of the Queensland Legislation API and the Content. The Queensland Legislation API and Content are provided 'as is' and, to the maximum extent permitted by law, OQPC does not expressly or implicitly warrant:

  1. that the Queensland Legislation API or the Content is fit for any specific purpose, even if you have told us about your intended purpose;
  2. the accuracy, reliability, adequacy or completeness of the Queensland Legislation API or the Content;
  3. that the Queensland Legislation API or the Content is free from error or omission;
  4. that the Queensland Legislation API or the Content will be malware-free, error-free or available for use at any particular time without interruption; or
  5. that the Queensland Legislation API or the Content will meet your requirements.

4.2 Any aids included in the Content, such as notes, annotations, or links between and within legislation, do not form part of the legislation, have no legal effect, and are provided for information only and should not be relied upon as authoritative.

4.3 Nothing in this Agreement excludes any right or guarantee you may have under Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation or other rights in relation to the supply of goods or services that cannot lawfully be excluded (Non-excludable Guarantee).

4.4 OQPC will take reasonable care in providing the services OQPC offers. However, subject to clause 4.3:

  1. other than as expressly stated in this Agreement, OQPC makes no representations or warranties regarding the Queensland Legislation API or the Content;
  2. OQPC excludes any liability to you or any other person for any loss, damage, cost or expense (to any person or property) including consequential or indirect loss or any loss of profits, data or revenue, or any unauthorised access to personal information (Loss), that could arise as a result of your use of the Queensland Legislation API or the Content; and OQPC's Disclaimer applies to any use of the Queensland Legislation API or the Content.
  3. you release, discharge and indemnify OQPC and its officers and employees from and against any claim (including by you or your end users) which may be brought against them, or Loss incurred by any of them in connection with:
    1. your provision of any service or access to information using the Queensland Legislation API or the Content;
    2. any reliance by you or your end users on the Queensland Legislation API or the Content;
    3. any actual or attempted use by you of the Queensland Legislation API or the Content for commercial purposes;
    4. any alleged or actual breach of any of your representations, warranties or obligations set out in this Agreement;
    5. your negligence or wilful misconduct, breach of any law or rights of any other party, or misuse of the Queensland Legislation API or the Content.
  4. to the fullest extent permitted by law, OQPC's total liability under this Agreement, OQPC's liability for breach of any applicable Non-excludable Guarantee or other implied warranty or condition that cannot be excluded is limited, at OQPC's option, to the supply of the relevant services again, or the payment of the cost of having the relevant services supplied again.


5. Updates & availability


5.1 The Content is subject to change at any time without notice.


5.2 OQPC may from time to time at its sole discretion and without notice:

  1. issue updates to the Queensland Legislation API or new versions of the Queensland Legislation API;
  2. modify, suspend or discontinue the Queensland Legislation API or any part of its functionality at any time; or
  3. apply rate limits, or limit certain features and services or restrict your access to parts or all of the Queensland Legislation API or Content; or
  4. correct any errors or omissions in any portion of the Queensland Legislation API or Content.


5.3 The Queensland Legislation API may be unavailable during scheduled and unscheduled maintenance. OQPC may undertake maintenance activities without notice.


6. Termination


6.1 Variations to these terms

OQPC may from time to time update this Agreement. You must accept and agree with the updated Agreement to continue accessing the Queensland Legislation API, and your continued use of the Queensland Legislation API and Content after an update signifies your agreement.


6.2 Deleting your account

You can delete your Queensland Legislation API account at any time, in which case:

  1. your access to the Queensland Legislation API will end;
  2. OQPC will retain data associated with your deleted Queensland Legislation API account for audit purposes, including historical usage data, in keeping with the Queensland Legislation API privacy notice; and
  3. this Agreement will be terminated, but OQPC's Queensland Legislation API privacy notice and some clauses will continue to apply (see clause 7.3). 


6.3 Termination by OQPC

OQPC may at any time and for any reason, and without notice to you, restrict, suspend or terminate your access to the Queensland Legislation API or the Content in whole or in part, or terminate this Agreement and delete your Queensland Legislation API account.


7. General Provisions


7.1 If any part of this Agreement is held to be invalid, unlawful or unenforceable for any reason then the remaining terms and conditions will continue to operate in full force.


7.2 This Agreement is governed by and interpreted in accordance with the laws and courts of the State of Queensland, and you agree to submit to the exclusive jurisdiction of the courts of Queensland. 


7.3 To the extent applicable, clauses 3, 4 and 7 survive termination or expiry of this Agreement.


7.4 This Agreement (including other documents referenced in this Agreement) constitutes the entire Agreement between you and OQPC concerning your use of the Queensland Legislation API or the Content, and supersedes all prior representations or agreements, whether verbal or in writing. 


7.5 No part of this Agreement will be taken to be waived except by written waiver executed by all parties.


7.6 No term or condition of this Agreement will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this Agreement.


8. Contact


OQPC is available for contact for the Queensland Legislation API service as follows: 
Phone: +61 7 3003 9600
Email: webmaster@oqpc.qld.gov.au
Mail: Please address all correspondence for the Queensland Legislation API service to:
Office of the Queensland Parliamentary Counsel
PO Box 15185, City East
Brisbane QLD 4002

 

Queensland Legislation API privacy notice


Other than as expressly set out in this Queensland Legislation privacy notice, the Office of the Queensland Parliamentary Counsel (OQPC) general privacy policy will apply to any collection, handling, use or disclosure of your personal information in connection with your use of the Queensland Legislation API.


1. What we collect

When you use the Queensland Legislation API, OQPC collects your personal information which will be managed in accordance with the Information Privacy Act 2009 (Qld). This information may include, but is not limited to, your name and email address.
OQPC may also collect data about when and how the Queensland Legislation API is used, including your IP address, Content accessed, and the types of functions used.


2. Purposes of collection

Your personal information is being collected and used for the purpose of administration and maintenance of the Queensland Legislation API. 


3. Consequences of non-disclosure

If you do not provide a functioning email address, you will not be able to validate your account to access the Queensland Legislation API. 


4. Use of de-identified information

Information captured using the Queensland Legislation API will be reported to OQPC in a de-identified state for OQPC's business purposes, including administration of the Queensland Legislation API, allowing access to the Queensland Legislation API and for maintaining and improving the Queensland Legislation API.
The Queensland Legislation API may be configured to report de-identified error reports back to OQPC, without notice to you.


5. Consent to receive communications

OQPC (and its contractors) may use the information recorded about your use of the Queensland Legislation API to provide reminders, notifications, updates and other notices to you, or to contact you and invite you to participate in surveys and to otherwise improve the Queensland Legislation API and OQPC services more generally. By registering as a user of the Queensland Legislation API you consent to OQPC contacting you for these purposes. 


6. Contact us:

If you have any queries about OQPC's privacy and security practices, please email privacy@oqpc.qld.gov.au.