Obii APIs Terms of Service
Last modified: November 9, 2021
Thank you for using Obii's APIs, other developer services, and associated software (collectively, "APIs"). By accessing or using our APIs, you are agreeing to the terms below. If there is a conflict between these terms and additional terms applicable to a given API, the additional terms will control for that conflict. Collectively, we refer to the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the "Terms." You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully. If you use the APIs as an interface to, or in conjunction with other Obii products or services, then the terms for those other products or services also apply.
Under the Terms, "Obii" means Obii Australia Pty Ltd ABN , with offices in Sydney Australia, unless set forth otherwise in additional terms applicable for a given API. We may refer to "Obii" as "we", "our", or "us" in the Terms.
Section 1: Account and Registration
You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with Obii, or (b) you are a person barred from using or receiving the APIs under the applicable laws of the Australia or other countries including the country in which you are resident or from which you use the APIs.
b. Entity Level Acceptance
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).
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 Obii will always be accurate and up to date and you'll inform us promptly of any updates.
d. Subsidiaries and Affiliates
Obii has subsidiaries and affiliated legal entities. These companies may provide the APIs to you on behalf of Obii and the Terms will also govern your relationship with these companies.
Section 2: Using Our APIs
You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.
b. Compliance with Law, Third Party Rights, and Other Obii Terms of Service
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). In particular, Australian Law and the Privacy Act 1988 and Consumer Data Right 2019 where applicable.
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 Obii (or its affiliates).
You will only access (or attempt to access) an API by the means described in the documentation of that API. If Obii assigns you developer credentials, you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Client's identity when using the APIs or developer accounts.
Obii sets and enforces limits on your use of the APIs (e.g. limiting 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 documented with each API. If you would like to use any API beyond these limits, you must obtain Obii's express consent (and Obii 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 Obii API team for information (e.g. by using the Obii developers console).
e. Consumer Data Right of Australia
Obii is an Accredited Data recipient registered with the Australian Competition and Consumer Commission (ACCC).
Consumer Data Right gives you the right to share your data between service providers of your choosing. It's now active in banking, so you may choose to share your banking data with a prospective bank to get a better offer, or with an app to access a new service.
Approval to use Obii’s CDR API’s is subject to Obii approval and compliance with Consumer Data Right Act 2019.
Obii has a dedicated CDR policy available here.
f. Communication with Obii
We may send you certain communications in connection with your use of the APIs. Please review the applicable API documentation for information about opting out of certain types of communication.
We welcome feedback. If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without obligation to you.
The Terms are non-exclusive. You acknowledge that Obii may develop any products or services.
Obii offers Third Party API and Data Products. Sometimes you will need to create an Account at a Third Party to access a Product by a Third Party.
We take great care in selecting our partners, however, Obii cannot guarantee service availability or accuracy. Obii accepts no liability in relation to Third Party Products.
Section 3: Your API Clients a. API Clients and Monitoring
The APIs are designed to help you enhance your applications ("API Client(s)"). YOU AGREE THAT OBII MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE OBII PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Obii accessing and using your API Client, for example to identify security issues that could affect Obii or its users. Obii may suspend access to the APIs by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.
You will use commercially reasonable efforts to protect user information collected by your API Client, including personal data, from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.
Obii does not acquire ownership in your API Clients, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.
d. User Privacy and API Clients
Section 4: Prohibitions and Confidentiality
When using the APIs, you may not (or allow those acting on your behalf to):
Sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.
Perform an action with the intent of introducing to Obii products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
Defame, abuse, harass, stalk, or threaten others.
Interfere with or disrupt the APIs or the servers or networks providing the APIs.
Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
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.
Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage.
Remove, obscure, or alter any Obii terms of service or any links to or notices of those terms.
Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects.
Our communications to you and our APIs may contain Obii confidential information. Obii 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 Obii's prior written consent. Obii 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 Obii 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.
Section 5: Brand Features; Attribution
"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of Obii's Brand Features (including any goodwill associated therewith) will inure to the benefit of Obii.
You agree to display any attribution(s) required by Obii as described in the documentation for the API. Obii hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license while the Terms are in effect to display Obii's Brand Features for the purpose of promoting or advertising that you use the APIs. You must only use the Obii Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. You understand and agree that Obii has the sole discretion to determine whether your attribution(s) and use of Obii's Brand Features are in accordance with the above requirements and guidelines.
You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by Obii without Obii's prior written approval.
d. Promotional and Marketing Use
In the course of promoting, marketing, or demonstrating the APIs you are using and the associated Obii products, Obii may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.
Section 6: Privacy and Copyright Protection
By using our APIs, Obii may use submitted information in accordance with our privacy policies.
You may stop using our APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide Obii with prior written notice and upon termination, cease your use of the applicable APIs. Obii 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. Your Obligations Post-Termination
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 Obii Brand Features, and delete any cached or stored content. Obii may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.
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 4b, 5, 7, 8, and 9.
Section 8: Liability for our APIs
EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER OBII NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT 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".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.
b. LIMITATION OF LIABILITY
WHEN PERMITTED BY LAW, OBII, AND OBII’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF OBII, 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.
IN ALL CASES, OBII, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Unless prohibited by applicable law, if you are a business, you will defend and indemnify Obii, 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:
your misuse or your end user's misuse of the APIs;
your violation or your end user's violation of the Terms; or
any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.
Section 9: General Provisions
We may modify the Terms or any portion 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 Obii developers console. Changes will not apply retroactively and 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.
We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. 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 Obii does not take action right away, this does not mean that Obii 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 Obii relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact Obii, please visit our contact page.
Except as set forth below: (i) the laws of New South Wales, Australia, will apply to any disputes arising out of or related to the Terms or the APIs and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF NEW SOUTH WALES, AUSTRALIA, AND YOU AND OBII CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.