Integrator Agreement - Application Programming Interface

You must agree to this Integrator Agreement to integrate and use the Initial Assessment and Referral for Mental Healthcare (IAR-MH) Online Decision Support Tool API made available by the Commonwealth of Australia as represented by the Department of Health (the “Department”).

In this Integrator Agreement, the terms:

“API” means the Application Programming Interface and associated documentation and source code, executable applications, unique access key and other materials including the Digital Tools;
“API Client” refers to the client information management system, software or local system in which the API will be integrated;
“Digital Tools” means the reference implementation and the test data set;
“Harmful Code” means any virus, denial of service, disabling or malicious device or code, worm, trojan, time bomb, or other harmful or destructive code;
“Online Decision Support Tool” means the Initial Assessment and Referral for Mental Healthcare (IAR-MH) Online Decision Support Tool as amended by the Department from time to time;
“Permitted Purpose” means the integration of the API with the API Client to allow Users to access the Online Decision Support Tool through the API Client; and
“User” means the end-user of the Online Decision Support Tool;
“Term” means the period which commences on the date on which You accept this Integrator Agreement and continues until the earlier of:
- You cancel Your use of the API and access to the Online Decision Support Tool by notifying the Department in writing; or
- The Department terminates Your use of the API and Your access to the Online Decision Support Tool; and
“You” and “Your” refers to you, being an organisation or person seeking to use the API and integrate it in the API Client and includes your officers, agents, and employees and subcontractors.

The Department may at its discretion update this Integrator Agreement. By continuing to use the API, You accept the terms of the Integrator Agreement as they apply from time to time

Licence

Subject to this Integrator Agreement, the Department grants You, during the Term, a revocable, non-exclusive, non-transferable and royalty free licence to use and integrate the API for the Permitted Purpose.

Licence conditions

You must:

use and integrate the API in accordance with any guidelines and directions that may be issued by the Department from time to time;
not sublicense the API (whether or not as part of the API Client) to any third parties without the prior written consent of the Department;
not commercialise or sell the API;
not, in conjunction with your use of the API, use the Commonwealth Coat of Arms or any other Commonwealth or Department logos at any time;
not attempt to undermine the security or integrity of the API or the Online Decision Support Tool;
not use, or misuse the API in any way which may disrupt or impair the functionality of the API, the Online Decision Support Tool or other related systems;
not use the API (whether or not as part of the API Client) to transmit information or materials that contain a virus or other harmful components;
store the unique API key and any other access credentials supplied by the Department securely and not provide these to any other person without the prior written consent of the Department. You must immediately notify the Department of any breach of this condition; and
take steps to secure the API Client and Your systems and software against any Harmful Code that may be introduced to these systems due to the use of the API or access to the Online Decision Support Tool.

Your obligations

In consideration of Your use of the API and access to the Online Decision Support Tool You:

Acknowledge and agree that the unique API key and any other access credentials supplied by the Department are confidential to You.
Acknowledge that the intellectual property rights in the API and the Online Decision Support Tool are owned by or licensed to the Department and nothing in this Integrator Agreement operates, or is intended to operate, to give You any ownership rights in them.
Acknowledge that the Department has no obligation to provide any assistance or technical support in relation to the integration of the API into the API Client or the use of the API generally.
Remain liable for the access and use of the Online Decision Support Tool through the API Client by any third parties to which you provide access.
Indemnify the Department for any loss or damage the Department suffers in connection with the use or integration of the API, or access to the Online Decision Support Tool, by You or any third party to which you provide access , or any breach of this Integrator Agreement.

Software development

You may outsource the integration of the API into the API Client to a third party developer as long as You:

ensure the third party developer is aware of, and complies with, the terms of this Integrator Agreement; and
accept all responsibility and liability for the use and integration of the API by the third party developer.

Breach and termination

If You breach any of the terms of this Integrator Agreement, do not comply with any guidelines or directions issued by the Department regarding the API or the Online Decision Support Tool, or if you provide the Department with incomplete, inaccurate, false or misleading information (or if the Department reasonably believes that any of these things has occurred), the Department may without notice:

terminate Your use of the API and access to the Online Decision Support Tool (including by revoking your unique API key or other access credentials); or
suspend for any period of time Your use of the API and access to the Online Decision Support Tool.

Disclaimers and risk

You acknowledge and agree that:

Your use of the API is at Your own risk, and You have made an independent assessment as to the risks of using and integrating the API.
The Department may at any time add to, remove or otherwise modify any or all of the content in the API or the Online Decision Support Tool at its discretion and without prior notice to You.
The Online Decision Support Tool may include the views or recommendations of third parties and does not necessarily reflect the views of the Australian Government or indicate a commitment to a particular course of action.
The Department does not guarantee and assumes no legal liability or responsibility for the accuracy, currency, completeness or interpretation of the API or the Online Decision Support Tool.
The Department provides the API and access to the Online Decision Support Tool ‘as is’ and gives no warranty or guarantee in connection with them. Among other things, the Department makes no guarantee that the API and access to the Online Decision Support Tool will be available, is error-free and free of defects, viruses or Harmful Code, that defects and errors will be corrected, that use will be uninterrupted, or that they will be compatible with any systems or standards.
The Department does not make any undertaking as to service availability or performance of the Online Decision Support Tool, and access and usage limitations are subject to change at any time by the Department.
To the maximum extent permitted by law, the Department excludes all liability and responsibility to You (or any other person) for any loss (including loss of information, data, profits and savings, and including any loss caused by Harmful Code) or damage (including injury and harm) resulting, directly or indirectly, in connection from Your (or any other person’s) use of or reliance on, the API or the Online Decision Support Tool.

General

This Integrator Agreement is governed by the laws of the Australian Capital Territory, Australia, and You agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.

If either party waives any breach of this Integrator Agreement, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

You agree and acknowledge that this Integrator Agreement constitutes the entire agreement between You and the Department in relation to the API, and replaces all previous agreements, licences, understandings, representations, and warranties about that subject matter. You acknowledge, however, that You may be required to agree to additional terms prior to using the Online Decision Support Tool.