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Terms and conditions for using CPVV’s automated Public Register process

Commercial Passenger Vehicles Victoria – Application Programming Interface (API) Terms of Use

Your right to access and use the Commercial Passenger Vehicles Victoria (CPVV) API (together, the “API”) is subject to the terms set out in this agreement (“Agreement”). You indicate your acceptance of all the terms of this Agreement by using the API in any way. If you do not agree to all the terms of this Agreement, you should not utilise the API. CPVV may update these terms and conditions at any time. If CPVV does, CPVV will notify you of any updates via its website and your continued use of the API will indicate your acceptance of the revised terms.

1. Your rights and obligation

1.1 In consideration of your acceptance and compliance with this Agreement, CPVV grants you a non-exclusive, non-assignable, revocable right to use the API. You may use the API for the purpose of developing your own application to consume information available on CPVV’s Public Register and for related testing only.

1.2 You may develop your own application and subject to the following, you will:

(a) ensure that prior to use, your application is sufficiently tested to ensure that it:

(i) provides the functions and facilities to only consume information which is already publicly available on CPVV’s Public Register regarding accredited drivers of commercial passenger vehicles, accredited driver instructors, registered commercial passenger vehicles and registered booking service providers (BSP) (including in any associated documentation prepared by you). If requested by us, you will provide to us copies of such test results, written descriptions and associated documentation; and

(ii) will not adversely affect CPVV’s Public Register or any other CPVV application and/or database;

(b) make clear to every user of your application that your application belongs to you and that you are not an agent, partner or authorised representative of CPVV and that no legal relationship, whether contractual or otherwise, exists between you and CPVV and that CPVV is not responsible for your application or other documentation created by you in relation to your application;

(c) not use (nor permit any third party to use) any name, trade mark, trade name, logo, symbol or slogan (whether registered or not) owned or used by CPVV, or any mark, words, logo, device or any other branding which is similar to or mimics any CPVV branding. This means, for example, that you will not use CPVV branding in your API application name or in a domain name; and

(d) at all times defend and indemnify CPVV against any claim made against CPVV relating to the use by any third party of your application. Without limiting the previous sentence, you warrant that your application is and will be developed and owned by you and you will defend CPVV from and against any claim or action that the use or possession of your application (or any part) infringes the intellectual property rights of a third party (“IPR Claim”) and you will indemnify CPVV from and against any losses, damages, costs (including legal fees) and expenses incurred by or awarded against CPVV as a result of, or in connection with, that IPR Claim. The indemnities and warranty in this clause 1.2(d) will remain in full force and effect irrespective of any termination of this Agreement.

1.3 This Agreement expressly prohibits you to allow anyone else to copy, transfer, sell (or resell), sub-licence, lease, mortgage, rent, loan, publish, distribute or otherwise make the API and/or the data provided to you through the API, available to any other person, whether or not for commercial gain.

1.4 You agree not to release your allocated user ID and password provided to you by CPVV to any third party without the prior consent of CPVV.

2. No guarantees or warranties

2.1 CPVV may update, modify, suspend or discontinue the API at any time.

2.2 CPVV makes no guarantee that the API will be suitable for your intended use or that it will be error or bug-free. CPVV is not required to notify you of any circumstances that may cause the temporary unavailability of the API or CPVV’s Public Register. It is your responsibility to ensure the availability of the CPVV Public Register by making your own enquiries through CPVV’s website for any alerts or notifications regarding CPVV’s Public Register, before and at the time of using the API.

2.3 You use the API solely at your own risk and CPVV excludes all liability and responsibility for any loss or damage arising out of or in connection with the API, even if CPVV has been advised of the likelihood of such loss or damage.

2.4 CPVV does not guarantee the accuracy of information on CPVV’s Public Register that is provided to CPVV by industry participants. While CPVV endeavours to maintain up to date information on CPVV’s Public Register, CPVV does not guarantee that the information retrieved through the API is current as at the time you access the API. CPVV’s Public Register and its content are subject to change at any time without notice to you.

2.5 CPVV is not responsible for providing you or any third party with any technical support for any API application(s) that you or any third party develop.

2.6 CPVV may, at its sole and absolute discretion, terminate this Agreement and your use of CPVV’s API immediately on notice at any time.

2.7 CPVV reserves the right to limit the number of “calls” accepted by the API, where CPVV believes that the number of calls from an application is negatively impacting CPVV’s Public Register.

3. User privacy

3.1 CPVV will not disclose to you the personal information it collects from accredited drivers, accredited driver instructors, registered owners of commercial passenger vehicles or registered BSPs when you access and use the API other than the information publicly available on CPVV’s Public Register, which includes:

(a) In respect of accredited drivers:

(i) their name;

(ii) whether the driver is qualified to provider wheelchair accessible services; and

(iii) whether the driver’s accreditation is suspended.

(b) In respect of accredited driver instructors:

(i) their name;

(ii) whether the driver is qualified to provide wheelchair accessible services;

(iii) whether the driver’s accreditation is suspended;

(iv) whether the driver can instruct in a manual vehicle;

(v) whether the driver can instruct in an automatic vehicle.

(c) In respect of vehicles registered as commercial passenger vehicles:

(i) confirmation that the registered commercial passenger vehicle provides booked services;

(ii) whether the registered commercial passenger vehicle provides unbooked services; and

(iii) whether the registered commercial passenger vehicle provides wheelchair accessible services.

(d) In respect of registered BSPs:

(i) the trading name;

(ii) contact email address (if available); and

(iii) contact phone number (if available).

4. Fees

4.1 The API is currently provided free of charge. CPVV reserves its right to charge a fee for its use in the future.

5. General

5.1 Any failure by CPVV to enforce any of the terms of this Agreement will not be construed as a waiver of CPVV’s rights and remedies which are cumulative and are not exclusive of any rights and remedies provided by law.

5.2 This Agreement constitutes the entire agreement between you and CPVV relating to the API, and replaces all documents, information and other communications (whether spoken or written) between you and CPVV on this subject. You acknowledge and agree that in entering into this Agreement that you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of CPVV relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.

5.3 This Agreement is personal to you and may not be transferred, assigned, subcontracted, licensed, charged or otherwise dealt with or disposed of (whether in whole or in part) by you.

5.4 Nothing in this Agreement is intended to or will operate to create a partnership between you and CPVV, or authorise you to act as agent for CPVV, and you will not have the authority to act in the name or on behalf of or otherwise to bind CPVV in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

5.5 This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) is governed by and construed in accordance with the laws of Victoria and both you and CPVV agree that the courts of Victoria will be the only courts that can decide on legal disputes or claims about this Agreement.