ASB API Terms of Use

Application of API Terms of Use


1.    Your use of and access to the ASB Developer Portal, the APIs and any API Data is governed by these API Terms of Use. By using and/or accessing the ASB Developer Portal, the APIs or any API Data you agree to be bound by these API Terms of Use and to use the ASB Developer Portal, the APIs or API Data solely in accordance with these API Terms of Use.

2.    If you are an individual using the ASB Developer Portal, the APIs and/or any API Data on behalf of an organisation or in your capacity as an employee or contractor of an organisation:

a.    you represent and warrant that you have the authority to bind that organisation to these API Terms of Use; and
b.    references in these API Terms of Use to 'you' are references to you as an individual and to that organisation.

3.    You:

a.    will ensure that all of your employees, contractors and agents are aware of, and comply with these API Terms of Use; and
b.    will be liable for all acts and omissions of any person to whom you allow access to the ASB Developer Portal (including your employees, contractors and agents) in respect of these API Terms of Use (including any breach by that person of these API Terms of Use on the basis that reference to 'you' is a reference to that person), the ASB Developer Portal, the APIs and the API Data.

4.    We may amend, add to, supplement or replace these API Terms of Use from time to time by publishing any such amendment, addition, supplement or replacement on the ASB Developer Portal (and you should check for any such amendment, addition, supplement or replacement each time you log on to the ASB Developer Portal). Your use or access of the Developer Portal, APIs or any API Data after any such amendment, addition, supplement or replacement has been made constitutes your acceptance of such amendments, additions, supplements or replacements.

5.    You are responsible for:

a.    your own development and other costs incurred in connection with your use of or access to the ASB Developer Portal, the APIs and any API Data; and
b.   any costs or expense in relation to your compliance with these API Terms of Use.

Application and Approval Process

6.    To access and use the ASB Developer Portal you must first register for such access and use. We may refuse or permit your registration at our sole discretion.

7.    Once you have been registered for the ASB Developer Portal and wish to access and use our APIs, you will need to apply separately for an API Key.  An API Key for an App will, initially, allow you access to our sandbox environment, which contains mock data.  You will need to apply for:

a.    a new API Key for each new App;
b.    our approval, and, if we require it, a new API Key, for each update or new version to or of an App; and
c.    our approval each time you move an App from the sandbox environment to the production environment, which allows access to production data.  

8.    You will not be permitted to:

a.    develop or use any App in the sandbox environment on the ASB Developer Portal until we have issued you with an API Key for that App; or
b.    use any App (or update to, or new version of, your App) in the production environment until we have reviewed and approved your application to move that App (or update or new version) to the production environment and reauthorised the applicable API Key.  

9.    We may require additional information, documentation or clarification in respect of any application you make for an API key and/or for our approval and we reserve the right not to proceed with considering your application until you have provided such information, documentation or clarification.  Factors we may (but will not be required to) take into account in considering any application you make include:

a.    the nature and purpose of your App;
b.    the manner and purpose for which the relevant Data Set will be used and distributed; and
c.    whether we believe you have a suitable support model in place to ensure appropriate support for users of your App.

10.    You will ensure that all information you provide to us in relation to your application for an API Key and/or our approval, and your App, is complete, accurate, up-to-date, true and not misleading in any way.    

11.    We may approve your application for an API Key and/or our approval subject to conditions, in which case you must comply with such conditions if you access or use the elements of the ASB Developer Portal, the APIs or any API Data to which the application relates.

12.    We will not be under any obligation to approve any application that you make for an API Key and/or our approval and we may reject any application you make at our sole discretion, without giving you reasons why.

Ongoing API Use and Use of Data

13.    You must keep any API Key we issue to you secure, only use it for the organisation on whose behalf you agreed to these API Terms of Use or, if you are not an individual acting on behalf of an organisation or in your capacity as an employee or contractor of an organisation, only use it yourself, and must not disclose or transfer the API Key to, or otherwise allow the API Key to be used by, anyone else.

14.    You must not use or access our APIs for any purpose other than a purpose expressly approved by us in writing.

15.    You must not use, copy, exploit, disclose, distribute or disseminate any API Data or Data Set in any  manner or for any purpose which has not been expressly approved by us in writing in respect of such API Data or Data Set.

16.    You may not use our APIs or API Data in any way which:

a.    is illegal or misleading or infringes other’s rights (including intellectual property rights);
b.    (in our opinion) damages or adversely affects our reputation; or
c.    causes, or would cause, us to breach any applicable laws, or any legal duty or obligation to any person.

17.    We may modify, add, replace, discontinue or upgrade any or all of our APIs, and/or any API Data or Data Set, at any time at our discretion and without incurring any liability to you.

18.    You acknowledge that you are using and accessing the APIs and the API Data in trade and to the maximum extent permitted by law the provisions of the Consumer Guarantees Act 1993 do not apply.

19.    You must not license, sublicense or resell any API Data.

20.    You acknowledge and agree that we will monitor your access to, and use of, the Developer Portal, APIs and API Data.  You agree to assist us in verifying your compliance with these API Terms of Use by providing information about your Apps to us on request, which may include access to your Apps and other materials related to your use of the APIs or API Data.

Your Content

21.    We will not have any liability to you in relation to Your Content, including in relation to any loss, corruption or deletion of Your Content whether arising as a consequence of our acts or omissions or otherwise.   You will be responsible for ensuring that you retain appropriate copies and backups of Your Content separately from the ASB Developer Portal.

Termination and Suspension

22.    We may terminate your access to the ASB Developer Portal, the APIs and any API Data on seven (7) days’ notice to you.

23.    We may immediately suspend or terminate your access to the ASB Developer Portal, the APIs and any API Data (or any element of them) if you breach, or if we believe (at our sole discretion) that you may have breached, these API Terms of Use. This clause 23 applies to any breach of these API Terms of Use, not just a material breach.

24.    Without limiting clause 21, you agree that we will be entitled to delete from the ASB Developer Portal all or relevant elements of Your Content in the event of such termination.

Intellectual Property

25.    We (or our third party licensors) own all rights, title and interest (including any intellectual property rights) in and to the ASB Developer Portal (including any content on it, other than Your Content), the APIs and API Data and all other software and systems used by us in connection with the APIs.

26.    You must not promote or use your App or any API Data or any goods and services associated with your App or any API Data which implies or suggests your application or those goods and services are endorsed by or in any way affiliated with us, or any of our related companies.

27.    You must not use any of our trademarks, logos or brands without our express written approval.  You will comply with any guidelines issued by us regarding use of our trademarks, logos or brands.  We may revoke any approval given in relation to our trademarks, logos or brands at any time.

28.    Nothing in these API Terms of Use grants or transfers to you any intellectual property rights or other interest in any of our trademarks, logos or brands.

29.    You (or your third party licensors) will own all rights, title and interest (including any intellectual property rights) in and to Your Content. You hereby grant to us and our related companies a royalty free and non-exclusive licence to use and copy Your Content for the purposes of facilitating and administering your access to and use of the ASB Developer Portal, the APIs and any API Data.

30.    You represent and warrant that you have the right to use, reproduce, transmit, copy, display and distribute Your Content and to grant us the licence to use and copy Your Content pursuant to clause 29 and that the use of the App by its users, and our use or any copying of Your Content, will not violate or infringe the rights (including intellectual property rights) of any third party.

General

31.    To the maximum extent permitted by law we:

a.    give no warranties about:
i.    the ASB Developer Portal, our APIs, the API Data, or the availability of our APIs or API Data.  In particular, you acknowledge that we do not warrant or represent that the APIs will operate without interruption or be error free; and
ii.    the accuracy, completeness, suitability or fitness for purpose of any API Data; and

b.    will not have any liability to you in connection with:
i.    any temporary or permanent unavailability of the ASB Developer Portal, our APIs or the API Data; or
ii.    your use of any API Data.

32.    To the maximum extent permitted by law, we exclude any and all liability to you or any other person 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 ASB Developer Portal, APIs or API Data or otherwise arising in connection with these API Terms of Use, regardless of whether such liability arises in contract, tort (including negligence), equity, statute or otherwise.

33.    You agree to indemnify, and keep indemnified us and hold us harmless, from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities or demands suffered or incurred by us arising out of or in connection with:

a.    your breach of these API Terms of Use, your App, or any act or omission by you, your users (including any person who is given access to API Data via your App), employees, agents or contractors in relation the ASB Developer Portal, the APIs or the API Data; and
b.    any claim or proceeding brought against us to the extent the claim or proceeding is based on an allegation that our use, copying or possession of Your Content infringes the rights (including intellectual property rights) of any third party.

34.    We may collect and hold personal information about you and any person to whom you allow access and use of the ASB Developer Portal, the APIs and/or the API Data. We will use such information for the purpose of administering your and any such person's access to and use of the ASB Developer Portal, the APIs and/or the API Data.

35.    Any obligation on you not to do a thing includes an obligation not to suffer, permit or cause that thing to be done.

36.    You will ensure that you and your App each comply with relevant laws.

37.    You may not assign or transfer your rights under these API Terms of Use.

38.    Failure or neglect by us to exercise any right or enforce any right or remedy under these API Terms of Use will not be deemed to be a waiver of such right or remedy or a waiver of our rights to take subsequent action.

39.    Any part of these API Terms of Use that is illegal, invalid or unenforceable will be severed from, and will not affect the legality, validity or enforceability of, the remainder of these API Terms of Use.

40.    These API Terms of Use are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.

Definitions

APIs means those APIs made available via the ASB Developer Portal.

API Data means any data or other content that we make available on or through the ASB Developer Portal.

API Key means the unique API key that we issue to you to enable your App to access an API.

App means any software application that you develop, or intend to develop, through the use  of an API.

ASB, us, we and our means ASB Bank Limited.

ASB Developer Portal refers to the online portal which we may make available from time to time to enable access to APIs for application development relating to publicly available data.

Data Set means any data set forming part of the API Data.

Your Content means information, material or other works (including any App and computer code forming part of such App) which resides on the ASB Developer Portal and which is developed, created or placed on the ASB Developer Portal by you.