SAPI - Terms of Service

Last updated 27th of September 2013

SAPI provides simple access to a collection of fully-maintained local business listings sourced from the Yellow Pages® & White Pages® directories. This API provides search functionality that has been designed to make integration with your own website, mobile-site or application as easy as possible.

Sensis has launched SAPI to extend the use of its Yellow Pages® & White Pages® directories business listings and provide additional "reach" for participating businesses.

Sensis will continually work with users to improve and enrich the SAPI service in line with community needs. With this in mind, we encourage you to be involved and share your views and experiences with us so that we can focus on improving the areas that are most important to you. We welcome any suggestions you have for new features or functionality that you would like to see in any updated API version.

1. TERMS

1.1 In these Terms, references to "we", "our" or "us" means Sensis Pty Ltd (ABN 30 007 423 912).

1.2 The SAPI service ("API") allows eligible software programs, including applications and websites ("Applications") to interface with our Yellow Pages® and White Pages® directories content and search functionality in order to access business listings and information ("Data") in accordance with the terms and conditions set out in this agreement and with the various documents referred to herein such as the API Documentation("Terms").

1.3 In order to use the API:

(a) we need to issue you with a unique alphanumeric key ("API Key"), which you can use to access the API in accordance with clause 2.2. When you first register to use the API, we will provide you with a Test API Key (which supports up to 1 query per second or 250 queries per day to the API) to enable you to see whether the API is going to meet your needs before your Application goes live. When you are ready to go live, you need to email us at api@sensis.com.au and we will issue you with a Production API Key, which is set up to initially support up to 3 queries per second or 10,000 queries per day to the API. If you think that your Application may exceed this usage threshold, you can apply for the threshold to be increased by emailing api@sensis.com.au. When you make an application, you should set out full details of your Application and the usage threshold you require. We may increase the threshold that applies to your Application where we agree it is in our mutual best interests and subject to any additional terms we consider appropriate for higher usage Applications; and

(b) you will need to agree to these Terms. By agreeing to the Terms, you warrant that you have capacity to do so and, if you are agreeing to these Terms on behalf of another person, that you also have authority to agree to these Terms on their behalf. You must ensure that your agents, employees or anyone else acting on your behalf also comply with these Terms.

1.4 We may change these Terms from time to time. We will publish the most up-to-date Terms at developers.sensis.com.au/Terms_of_Service. If you continue using the API after a change has been published in this way, you will be deemed to have agreed to the change. Accordingly, we recommend that you regularly check for changes to these Terms.

2. API LICENCE

2.1 Subject to these Terms, we provide you a non-exclusive, non-transferable, non-sublicenseable licence for the Licence Period to:

(a) use the API and the information in the API Documentation to enable your Eligible Application to be used to conduct a Local Search, where:

(i) a "Local Search" is a search for an Australian business in a defined location, where the search criteria are entered or selected by an End User; and

(ii) an "End User" is an individual person who can access your Application for non commercial purposes and with whom you have a contractual relationship;

(b) link an Eligible Application (as that term is defined in clause 3 of these Terms) to the API; and

(c) reproduce and communicate to the public any Data returned by the API in response to a Local Search query by an End User using an Eligible Application,

in accordance with these Terms and any technical instructions we provide to you from time to time ("Licence").

2.2 Your API Key will enable your Application to access and use the API. All search queries submitted to the API from your Application must include your API Key. You must not use different API Keys for the same Application. You are solely responsible for your API Keys and access to the API using your API Keys. You must keep your API Keys secure and confidential and you may not share with any third parties.

2.3 We will notify you when we are releasing an upgraded version of the API. You must upgrade to the latest version of the API within 12 months of the upgrade being made available to you. We will not add new features or functionality to any superseded version of the API, and reserve the right to cease providing the superseded version at any time within 12 months of an upgraded version becoming available.

3. ELIGIBLE APPLICATIONS

3.1 To be entitled to connect to the API, your Application must be an "Eligible Application" by complying with the criteria set out below:

(a) meet and maintain all the requirements set out in the API Documentation, as amended by us from time to time, which form part of these Terms. You can access the latest version of the API Documentation at developers.sensis.com.au/docs

(b)enable user interactions with the Data that are "reportable events" as described under the reporting requirements set out in the API Documentation or as otherwise accepted by Sensis from time to time;

(c) not submit automated or pre-defined search queries to the API in a manner calculated to reproduce all or a substantial part of the Data in any of our Yellow Pages® and White Pages® directories databases;

(d) only publish the Data returned by the API in response to each Local Search query by delivering that Data to the End User who submitted the relevant Local Search query to the API;

(e) not operate on an internal network or otherwise in a manner that prevents public access to the Application (except during the development and testing phase of the application);

(f) not provide portable or in car navigation services, including providing navigational guidance (such as turn by turn navigation);

(g) not enable an end-user who only knows the telephone number of a person or business to identify the name and/or address of that person or business;

(h) not have the main, primary or predominant purpose of providing or enabling direct marketing services, data cleansing services, or address validation services;

(i) not do any of the things that are prohibited by clause 5; and

(j)  not primarily designed to allow the End User to submit a Local Search query using spoken words or to respond to the End User’s Local Search query using spoken words (including spoken words delivered via live voice, automated system responses or intelligent personal assistants) or both.

4. DATA

4.1 You acknowledge that:

(a) we may change, update or delete any or all of the Data at any time and without notice to you; and

(b) a small number of listings within the Data are for ‘adult’ products and services which may not be suitable for viewing by minors. Further information regarding such businesses is set out in the API Documentation. If you wish to use the API but do not want to access this type of content, you should filter it out in accordance with the API Documentation but it is your responsibility to ensure that any filtering is effective and meets your requirements.

4.2 Before displaying the Data to your End-Users, you may:

(a) change the format or presentation of the Data; and/or

(b) truncate the Data by deleting part of the Data,

provided that you do not replace any names, addresses or phone numbers included in the Data with different names, addresses or phone numbers. For the avoidance of doubt, this does not include directly translating a name, address and phone number into another language and presenting it in that other language to End Users, if this is a feature of your Application.

4.3 You must attribute us as the source of the Data using one or more of the Yellow Pages® branding options set out in the Brand Guidelines.  You may supplement the Data with additional information. However, in doing this you must make clear to all End Users that the new information is provided by you or a relevant third party and is in no way associated with us.

4.4 You must:

(a) at all times keep the Data secure and protected against unauthorised use; and

(b) except as expressly permitted by these Terms, not publish, reproduce, communicate, distribute, transfer, sell, lease, sublicense, distribute or otherwise on-supply the Data to any other person.

4.5 You acknowledge that caching of Data makes it more likely that the Data may be inaccurate or out of date. You may store the Data returned in response to a particular Local Search query in an independent cache for a period of up to 7 days following the date of the query ("Caching Period"). During the Caching Period, you may deliver the stored Data ("Cached Data") in response to any relevant Local Search query submitted by an End User. You must delete all Cached Data at the end of the Caching Period. You must, at our request, provide us with a telephone number that we can use to contact you in relation to Cached Data. If we ask you to delete any Cached Data before that time, you must comply with our request as soon as is practicable and, in any event, within the time limit that we specify (which may be 24 hours or less in urgent cases or longer in other cases). Whenever you delete Cached Data, you must ensure that the Cached Data is permanently deleted and cannot be later recovered or accessed by you or an End User. Except as expressly permitted under this clause, you must not store, collate or cache the Data in any way.

5. USAGE RULES

5.1 You must not (and must not cause or allow another person to):

(a) generate search queries to the API through automated, misleading or deceptive, fraudulent or otherwise invalid processes (such as robots);

(b) modify or reverse engineer the API;

(c) use the API or Data:

(i) to create or compile a database of business and government listings that substantially replicates the contents of our Yellow Pages® or White Pages® directories databases;

(ii) in way that breaches any applicable laws, regulations, rules or policies; or

(iii) in any manner that exposes us or any of our related bodies corporate to any harm (including any adverse publicity or any damage to our reputation) or liability of any nature;

(d) interfere with or violate any security measures implemented in relation to the API or the Data;

(e) circumvent (or attempt to circumvent) any technical limitations we implement in order to protect the integrity of the API;

(f) use the API or the Data to transmit viruses, worms, programs or any other things that may cause interruption or damage any equipment or software, or to spy on third parties; or

(g) use the API or any Data in connection with any content that: (i) is defamatory; (ii) is obscene or otherwise likely to be offensive to reasonable adults; (iii) promotes, incites or instructs in matters of crime; (iv) vilifies or promotes or incites hatred, ridicule or violence against, any person or group of people on the grounds of race, ethnicity, nationality, religion or religious belief, sex, gender, or sexual orientation or identity; (v) breaches, incites or encourages breaches of the law; (vi) is false, misleading or deceptive or likely to mislead or deceive; or (vii) in our reasonable opinion, otherwise prejudices or may prejudice our reputation or brand, or the reputation or brand of any of our related bodies corporate or advertisers.

5.2 You must ensure that your Application does not send more than 3 queries per second or 10,000 queries per day to the API, unless we have agreed to increase the threshold that applies to your Application under clause 1.3. You must, in any case, use best efforts to minimise fraudulent traffic to the API from your Application.

5.3 We will only supply access to the Data to you on condition that you will not, without our prior written consent, re-supply the Data to any person as part of a fee-for-service offering.

5.4 Apart from the restrictions set out in this clause, we may apply additional restrictions from time to time in order to protect the integrity of the API.

5.5 If you wish to use the API in a manner that may breach these Terms, then you may contact us to ask for our consent to use the API in that way. When you contact us, you should set out in writing full details of your proposed Application and the ways in which it may breach any applicable restrictions.

6. BRANDING AND ANNOUNCEMENTS

6.1 Provided that you comply at all times with clause 6.2, we grant you non-exclusive, non-transferable, non-sublicenseable licence for the Licence Period to use Sensis trade marks ("Our Trade Marks") in your Application for the sole purpose of promoting the fact that the Data is sourced from Sensis as a trusted supplier of data.

6.2 Your use of Our Trade Marks and any public statement you make in connection with the API, the Data or these Terms must comply with the Brand Guidelines, as amended by us from time to time. You can access the latest version of the Brand Guidelines at developers.sensis.com.au/about/Brand_Guidelines.

6.3 From time to time, we may wish to promote or feature your Application and your use of the API in our marketing activities. For this purpose, you agree that we may use (and adapt and edit) your business name, logo and the name of your Application ("Your Marks") and screenshots of your Application in our public statements and marketing materials.

7. REPORTING

You will provide us with reports on use of the Data by End Users in accordance with the API Documentation.

8. COMPLIANCE

You must comply with all applicable laws, regulations, rules and policies in performing your obligations under these Terms. Without limiting this obligation, you must comply with the Privacy Act 1988 (Cth) and the National Privacy Principles (even if you otherwise may be exempt from the operation of the Privacy Act and the NPPs as a small business operator) and with all other applicable privacy laws in relation to any personal information that may be included in the Data.

9. IP AND CONFIDENTIAL INFORMATION

9.1 All information of a confidential nature disclosed by us to you under these Terms will remain confidential and must not be disclosed by you (or by your employees, officers, advisers or contractors) to any third party. For the avoidance of doubt, all of the information set out in the API Documentation is confidential to us.

9.2 We (or our licensors) own all of the intellectual property rights in the API, the Data, Our Trade Marks and any other material developed or provided by us under these Terms ("Our IP"). Except as authorised by these Terms, you may not:

(a) reproduce any of Our IP, or permit Our IP to be reproduced; or

(b) sublicense, communicate, supply or distribute Our IP to any third party or in any other application or site.

10. LIMITATION OF LIABILITY AND INDEMNITY

10.1 All Data is provided to you on an "as is" basis and we make no representations about the accuracy, completeness, currency or suitability of the Data.

10.2 While we will use best efforts to make the API available at all times (subject to standard maintenance), we make no representation that the API will be available on a continuous basis or will be error or fault free.

10.3 To the extent permitted by law, we are not liable for loss, damage, cost, claim or expense (including legal expense) whether direct or indirect (such as loss of profits, loss of opportunity and loss of data) incurred by you or third parties (such as your End Users) due to your use of the API or the Data. Where our liability cannot be lawfully excluded, we limit our liability to the resupply of the services or cost of resupplying the services.

10.4 You indemnify us and our related bodies corporate against all claims, loss, liability and damage suffered or incurred as a consequence of or in connection with:

(a) your Application;

(b) your use of the API and the Data;

(c) your breach of these Terms; or

(d) our use of Your Marks,

except to the extent that such claim, loss, liability or damage is caused or contributed to by our negligent act or omission.

11. TERM AND TERMINATION

11.1 This agreement commences on the date that we issue the Test API Key to you and will continue until terminated in accordance with these Terms ("Licence Period").

11.2 We may terminate or suspend this agreement and/or your access to the API and the Data (or any part thereof) at any time and for any reason. You may terminate this agreement at any time for any reason by ceasing to use the API.

11.3 If this agreement or your access to the API or the Data is terminated, you must immediately:

(a) stop accessing or attempting to access the API and the Data;

(b) stop using Our Trade Marks; and

(c) permanently destroy any materials in your possession or control that bear Our Trade Marks; and

(d) permanently delete and destroy any Cached Data in your possession or control.

11.4 The following provisions will survive the Licence Period: clauses 6.3, 10, 11.3, 9 and 12.

12. MISCELLANEOUS

12.1 In order to maintain quality standards for all and to protect our branding and other reputational interests, it is important for us to ensure that all licensees using the API comply with these Terms. To help in our compliance efforts, you agree to cooperate with us if we are carrying out compliance checks to ensure your adherence to these terms (including where we are investigating a breach or alleged breach of these Terms).

12.2 We will communicate with you (including any notices we are required to give you under these Terms) via the email address you submit to us at registration. You must ensure that your contact details remain up to date with us. If we cannot contact you, we may suspend or terminate your use of the API.

12.3 These Terms constitute the entire agreement between the parties and supersede all other representations or agreements, whether written or oral, between the parties relating to its subject matter.

12.4 Failure by either party to enforce any Terms is not a waiver of future enforcement of that or any other Terms.

12.5 We may assign or novate our rights and obligations under these Terms without your consent. You may not assign or novate your rights and obligations under these Terms.

12.6 If a Term is invalid, unenforceable or illegal, that Term will be struck out and the remaining Terms will remain in force.

12.7 These terms do not create a partnership, joint venture or agency relationship between the parties.

12.8 These Terms are governed by the laws in force in Victoria, Australia.