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Terms of Use

 

By accessing or using OFX’s Application Programming Interfaces, and all other tools, services, content and information made available to you by OFX through OFX’s websites and/or webpages (“APIs”), you agree to the terms below. If there is a conflict between these terms and any additional terms contained in the documentation associated with a particular API, the additional terms will prevail. Collectively, we refer to the terms below and any terms within the accompanying API documentation, and any applicable OFX policies and guidelines as the Terms. You agree to comply with the Terms. Please read all the Terms carefully. If you use the APIs as an interface to, or in conjunction with other OFX products or services, then the terms for those other products or services also apply. These terms are governed by the laws of New South Wales, Australia.

Under the Terms, OFX means OzForex Limited ABN 65 092 375 703 (trading as “OFX”) and any of its related bodies corporate (as the case may be) registered at Level 19, 60 Margaret Street, Sydney NSW 2000, Australia. We may refer to OFX as we, our, or us in the Terms.

 

1. Accepting the Terms

a. You may not use the APIs and may not accept the Terms if you are not of legal age to form a binding contract with OFX. If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to you in the Terms refer to that entity).

b. In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any registration information you give to OFX will always be accurate and up to date and you'll inform us promptly of any updates.

c. By interacting in any with the APIs including, but not limited to, requesting credentials or accessing and or using the APIs, you are deemed to have accepted these Terms.

 

2. Using the OFX APIs

a. You will require your end users to comply with (and not knowingly enable them to violate) applicable Australian laws and regulation, and the Terms. 

b. You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with.OFX You will only access (or attempt to access) an API by the means described in the documentation associated with that API. If OFX assigns you developer credentials (e.g. client IDs), you must use them with the applicable API. You will not misrepresent or mask either your identity or your end user's identity when using the APIs or developer accounts.

c. OFX sets and enforces limits on your use of the APIs (e.g. we may limit the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations being documented with each API. If you would like to use any API beyond these limits, you must obtain OFX's express written consent (and OFX may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the relevant OFX API team for information at developer@ofx.com.

d. We may send you certain communications, including direct marketing, in connection with your use of the APIs. By using our APIs, you expressly consent to receiving such communication about our APIs and developer communities or OFX. Please review the applicable API documentation for information about opting out of certain types of communication.

e. If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without obligation to you.

f. The Terms are non-exclusive. You acknowledge that OFX may develop products or services that may compete with you and or your business (as applicable) including but not limited to any other products or services you may offer.

 

3. Your API Use

a. The APIs are designed to help you enhance your websites and applications for you and or your end users ("API Use"). You agree that OFX may monitor use of the APIs to ensure quality, improve OFX products and services, and verify your compliance with the Terms. This monitoring may include OFX accessing and using your API Use, for example to identify security issues that could affect OFX or its users. You will not interfere with this monitoring. OFX may use any technical means to overcome such interference. OFX may suspend access to the APIs by you or any of your end users without notice if we reasonably believe that you are in violation of the Terms.

b. When your API Use includes processing and transmitting content you will ensure that all end users take such steps as are reasonable in the circumstances to protect the API and OFX’s data (if any) from misuse, interference, loss, unauthorised access, modification or disclosure. API Use does not include and it is expressly not permit to persistently store content. Please see Section 5 and 7 below for further restrictions.

c. By using our APIs, you do not acquire ownership of any rights in our APIs or content that may be accessed through our APIs. Please see Section 5 for further rules relating to content.

 

4. Prohibitions and Confidentiality

a. When using the APIs, you may not (and you may not allow those acting on your behalf to):

i. Sublicense an API for use by a third party or, alternatively, create an alternative solution that functions substantially the same as the APIs and offer it for use by third parties.

ii. Perform an action with the intent of introducing into OFX products, systems and/or services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.

iii. Defame, abuse, harass, stalk, or threaten others.

iv. Interfere with or disrupt the APIs or the servers or networks providing the APIs.

v. Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.

vi. Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.

vii. Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).

viii. Remove, obscure, or alter any OFX terms of service or any links to or notices of those terms.

b. Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your end user. You will keep your credentials confidential and make reasonable efforts to prevent and discourage others from using your credentials. Developer credentials may not be embedded in open source projects.

c. Our communications to you and our APIs may contain OFX confidential information. OFX confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without OFX's prior written consent. OFX confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose OFX confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.

 

5. Content

a. Our APIs contain content (such as data, text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available to us. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Content accessible through our APIs may be subject to intellectual property rights and other applicable laws, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and or policy.

b. Some of our APIs allow the submission of content. OFX does not acquire any intellectual property rights in the content that you submit to our APIs or through your end users, except as expressly provided in the Terms. For the sole purpose of enabling OFX to provide, secure, and improve the APIs (and the related service(s)) and only in accordance with the applicable OFX Privacy Policies, you give OFX a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the APIs through your end user. Use means use, host, store, modify, communicate, and publish and to allow third parties to do so. Before you submit content to our APIs through your end user, you warrant you have the necessary rights (including the necessary rights from your end users) to grant us the license. In submitted content, you warrant that you have secured such necessary rights.

c. You will indemnify OFX and its directors, officers, employees, shareholders and agents in full against any loss or claim arising from or relating to any actual or alleged infringement of a third party’s intellectual property rights or any other right of any third party arising out of, or in connection with your receipt, use or supply of content.

d. When an end user's non-public content is obtained through the APIs, you will ensure that such content is kept confidential except where explicit opt-in consent has been granted from that user.

e. Unless expressly permitted by OFX or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with API content:

i. Scrape, build databases, persistently store or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;

ii. Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;

iii. Misrepresent the source or ownership; or

iv. Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

 

6. Brand Features

a. Brand Features is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of any party. Except where expressly stated, the Terms do not grant you any right, title, or interest in our Brand Features. All use by you of OFX's Brand Features (including any goodwill associated therewith) will inure to the benefit of OFX.

b. You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by OFX without OFX's prior written approval.

 

7. Privacy

a. You will comply with all applicable privacy laws and regulations including those applying to Personal Information, as that term is defined in the OFX Privacy Policies. You will provide and adhere to a privacy policy for your API Use that clearly and accurately describes to users of your API Use what user information you collect and how you use and share such information (including for advertising) with OFX and third parties. By using our APIs with your end users (including if you are transmitting data and Personal Information to OFX) you warrant that you do so in compliance with all privacy laws.

b. When your end user is processing and transmitting content you will ensure that information collected by your end user, including personally identifiable information ("PII"), is protected from misuse, interference, loss, unauthorised access, modification or disclosure. You will take all necessary and reasonable technical and security measures to maintain this protection at all times.

c. By using our APIs, OFX may use information submitted by you or your end user in accordance with our Privacy Policies. You warrant that you have the necessary rights to permit this use by OFX.

 

8. Termination

a. You may stop using our APIs at any time by providing us written notice. Further, if you want to terminate the Terms, you must provide OFX with prior written notice and upon termination, cease your use of the applicable APIs. OFX reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.

b. Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the OFX Brand Features, and delete any OFX confidential or proprietary information or other information or data as reasonably requested by OFX. OFX may independently communicate with any account owner whose account(s) are associated with your API Use and developer credentials to provide notice of the termination of your right to use an API.

c. When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 4c, 5 and 7 to 13.

 

9. Liability for our APIs

a. Except as expressly set out in the Terms, neither OFX nor its suppliers or distributors make any specific guarantees about the APIs or the content made available through the APIs. For example, we don't make any commitments about the content accessed through the APIs, the specific functions of the APIs, or their reliability, availability, or ability to meet your needs. We provide the APIs "as is".

b. Except as expressly provided for in the Terms, to the extent permitted by law, we exclude all warranties, guarantees, conditions, representations, and undertakings.

c. Where permitted by law, OFX, and OFX's suppliers and distributors, will not be responsible for lost profits, revenues, or data; financial losses; or indirect, special, consequential, exemplary, or punitive damages.

d. To the extent permitted by law, the total liability of OFX, and its suppliers and distributors, for any claim under the terms, including for any implied warranties, is limited to the amount you paid us to use the applicable APIs (or, if we choose, to supplying you the APIs again) during the six months prior to the event giving rise to the liability; or $100 whichever is lower.

e. Unless prohibited by applicable law you will defend and indemnify OFX, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

i. Your misuse or your end user's misuse of the APIs;

ii. Your violation or your end user's violation of the Terms; or

iii. Any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.

f. You agree that the transmission of data via APIs is subject to human error, machine errors, omissions, delays, and losses (including but not limited to viruses or inadvertent loss of data or damage to media) that may give rise to loss or damage. We will not be liable for any such errors, omissions, delays, or losses, unless caused by our wilful misconduct.

 

10. License Rights

a. Subject to these Terms, OFX grants you a revocable, non-exclusive, non-transferable license to access, integrate and use the APIs. This license grant includes the applicable OFX software and all updates, upgrades, new versions and replacement software for your personal use only.

b. You may not rent, lease or otherwise transfer your rights in the software to a third party.

c. You must comply with the implementation and use requirements contained in all OFX documentation accompanying the APIs. If you do not comply with OFX’s implementation and use requirements, you will be liable for all resulting damages suffered by you, OFX and third parties.

d. OFX may change or discontinue any APIs upon notice to you.

e. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software.

f. You acknowledge that all rights, title and interest to the APIs are owned by OFX.

g. Any third party software application you use on the OFX website is subject to the license you agreed to with the third party that provides you with this software. OFX does not own, control nor have any responsibility or liability for any third party software application you elect to use on the OFX website and/or in connection with the OFX services.

 

11. Intellectual Property

a. OFX retains all rights, title and interest in the intellectual property or proprietary rights embodied in or associated with the APIs, OFX technology and any content derived therefrom.

b. You represent and warrant that your application, including but not limited to the name of the application and all content in your application, does not infringe the intellectual property rights of OFX or any third party.

c. There are no implied licenses under these Terms, and any rights not expressly granted are reserved by OFX. Except as licensed expressly herein, these Terms do not transfer any intellectual property rights between the parties.

 

12. Beta Tools and Services

a. You acknowledge and agree that:

i. Any and all APIs identified as “Beta” (“Beta Developer’s Tools”) may not operate properly, be in final form or fully functional;

ii. Beta Developer’s Tools may contain errors, design flaws or other defects;

iii. It may not be possible to make the Beta Developer’s Tools fully functional;

iv. The information obtained using Beta Developer’s Tools may not be accurate;

v. Use of Beta Developer’s Tools may result in unexpected results, loss of data or communications or other unpredictable damage or loss;

vi. OFX is under no obligation to release a non-Beta version of Beta Developer’s Tools; and

vii. OFX has the right unilaterally to abandon development of any and all Beta Developer’s Tools, at any time and without any obligation or liability to you.

b. You acknowledge that any and all Beta Developer’s Tools:

i. Are OFX’s test products and their reliability and accuracy cannot be guaranteed; and 

ii. Must be accepted “as is” without any express or implied warranties or service levels, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

 

13. General Provisions

a. We may modify the Terms or any part of the Terms to, for example, reflect changes to the law or changes to our APIs. You should look at the Terms regularly. We'll post notice of modifications to the Terms within the documentation of each applicable API, to this website, and/or in the OFX developers website. Changes will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.

b. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and OFX does not take action right away, this does not mean that OFX is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and OFX relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact OFX about APIs, please visit our contact page or developer@ofx.com.

 

Last updated: 10 November 2017