Terms and Conditions

Accepting the Terms

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 Bunnings, or (b) you are a person barred from using or receiving the APIs under the applicable laws of Australia or other countries including the country in which you are resident or from which you use the APIs.

Entity Level Acceptance

If you are using the APIs on behalf of any corporate or distinct legal 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, other than in this section 1(b), refer to that entity).

Registration

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 Bunnings will always be accurate and up to date and you must inform us promptly of any updates.

Related entities

Where any related entity of Bunnings provides any API to you on behalf of the Bunnings operating business, these Terms will also govern your relationship with that related entity in respect of your use of the API.

We do not charge a fee for using the APIs. We may, however, introduce a fee in the future. If we do so, we will comply with the change control process set out in section 13 (Modifications to the APIs and to the Terms).

• Bunnings may require you to provide certain information prior to accessing an API. Such information may include your name, contact details, company details, intended uses of the APIs, source code and object code of your API Client. By submitting your API Client, you represent and warrant to us that your API Client, and your intended uses of the APIs, comply with these Terms. You agree to cooperate with us and provide all reasonable assistance required by us in our review of your submission.

• We may in our sole discretion: (i) determine that your use of the APIs or your API Client does not meet these Terms; (ii) refuse to provide you with access to the APIs in connection your API Client; (iii) withdraw your access to the APIs in connection with your API Client; or (iv) approve your use of the APIs and your API Client.

• The development of your API Client and the performance of your obligations under these Terms are at your sole cost and expense.

• You are responsible for maintaining up-to-date and accurate information (including a current e-mail address and other required contact information) for all accounts you use to access the API.

• We may require you to submit information to authenticate your identity.

• Before making available new versions of your API Client to end users, you must submit a copy of the source code and object code of your API Client and such other information as we may require. We will confirm to you whether the new version of your API Client is approved for use in connection with the APIs.

• Promptly upon request, you agree to provide us reasonable access to your API Client, documents, information, employees, subcontractors, and your third party agents. You will diligently and promptly correct any material bugs or faults in your API Client that cause it to incorrectly access the APIs or display API Content. For the purposes of this section, Bunnings will determine what constitutes a ‘material bug or fault’.

Bunnings may collect information about your use of the APIs. To the extent such information include personal information, Bunnings will collect that personal information in accordance with our privacy policy, available at Privacy policy . By using the APIs, you consent to Bunnings collecting and using your information (including personal information), for the purposes of carrying out our business, internal or external, including, providing enhancements to the APIs, or any other use as set out in our privacy policy.

Prohibited use of the APIs

You must not, and you must ensure that your end users do not, use the APIs, or your API Client, to:

• contravene any applicable law, regulation, or third party rights (including without limitation, any third party intellectual property rights); encourage or promote illegal activity;

• falsely imply that it is associated with Bunnings (except as otherwise permitted by Bunnings as set out below);

• interfere with, damage, impede, disrupt of adversely impact the APIs or our servers, systems or networks providing the APIs, or any of our data or confidential information;

• transmit any viruses, worms, defects, trojan horses, malware or any code of a destructive manner;

• provide a service where the use or failure of the API Client could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems); or

• reverse engineer or attempt to extract the source code from the APIs, except to the extent that this restriction is expressly prohibited by applicable law.

You must not, and you must ensure that your end users do not, use the APIs in connection with an API Client that:

• undermines or impairs or damages the reputation of a Bunnings (as determined by us in our absolute discretion);

• contains unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable content or information; or

• uploads, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

API use must comply Bunnings’ instructions

You will only access (or attempt to access) an API:

• by the means expressly permitted by Bunnings; and

• in accordance with any use case submitted by you and approved by us (as varied from time to time with our written approval).

API request limitations

1. We may set and enforce 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), at any time. You must not attempt to circumvent such limitations, and you agree to use the API for reasonable volumes that are not excessive or abusive.

2. If you would like to use any API beyond these limits, you must obtain Bunnings prior express written consent. Bunnings may decline such request or set conditions on your use, or include additional terms and/or charges for that use. To seek such approval, contact the relevant Bunnings API team for information (e.g. by using the Bunnings developer console in the Developer Portal). If you do not agree to any conditions we impose, you must discontinue your use of that API.

Bunnings' right to compete with the API Clients

• Your use of the APIs is non-exclusive. You acknowledge that Bunnings and other developers may develop products or services that may compete with or provide similar functionality to your API Client.

• You acknowledge and agree that we may at our discretion not approve, or revoke any prior approval of, your use of the APIs in connection with your API Client for any reason.

Security and cyber fraud prevention

You must:

1. on becoming aware of any event which has compromised or may have comprised the security or integrity of the APIs or our servers, systems or networks providing the APIs, or any of our data or confidential information, or your password, API Key or access details (“Security Risk”):

• immediately notify Bunnings of the Security Risk and provide such details as Bunnings reasonably requires in order to respond to the Security Risk (including by promptly providing Bunnings with system logs in your possession or control); and

• provide all assistance reasonably requested by Bunnings to respond to and protect against or prevent the occurrence of the Security Risk (including, without limitation, by removing your API Client from any marketplace where it can be downloaded and installed by end users and by taking measures to prevent the installation of your API Client on devices that have had their inbuilt security controls compromised (i.e. jailbroken devices));

1. take reasonable care in the use of your password, API Key and access details. For example, you must not disclose your password and/or your API Key to any other person;

2. ensure that your API Client is developed in accordance with, and addresses the risks described in, the OWASP Top 10 – 2017 rc1 (“The Ten Most Critical Web Application Security Risks”) accessible at https://www.owasp.org/index.php/Category:OWASP_Top_Ten_Project; and

3. allow Bunnings to audit your compliance with these requirements from time to time.

You are solely and entirely responsible for your API Client, including by:

1. ensuring that your API Client includes appropriate end user terms of service;

2. ensuring that you notify end users of how you handle and manage personal information you collect in connection with your API Client;

3. ensuring that you collect, use and disclose personal information in accordance with all applicable legislation;

4. ensuring you protect personal information you receive from unauthorised use, disclosure or access by third parties; and

5. ensuring the accuracy, quality, integrity, legality, reliability, completeness, and appropriateness of information posted on or in connection with your API Client.

Ownership of API Client and content

1. You do not acquire ownership of any rights in the APIs or the content that is accessed through the APIs. (“API Content”).

2. You grant to us a paid-up, royalty-free, non-exclusive, worldwide, irrevocable, license to: (a) use, perform, and display your API Client and its content for our internal testing purposes (including security testing) and for the purpose of marketing, demonstrating, and making your API Client available to end users; and (b) link to and direct users to your API Client. Following the termination of these Terms and upon written request from you, Bunnings will make commercially reasonable efforts to remove all references and links to your API Client from Bunnings’ websites. Apart from the foregoing, Bunnings has no other obligation to delete copies of, references to, or links to your API Client.

3rd party content

1. The APIs may contain third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may, in our discretion remove or refuse to display any third party content.

2. Content accessible through the APIs may be subject to intellectual property rights, 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 policy.

Submission of content

• Some of the APIs allow the submission of content. You grant Bunnings 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 API Client.

• Before you submit content to the APIs through your API Client, you must take reasonable steps ensure that you have the necessary rights (including the necessary rights from your end users) to grant us this licence.

Prohibited use of content

Unless expressly permitted by applicable law, you must not, and must take reasonable steps to ensure that your end users or others acting on your behalf do not, do the following with the API Content:

1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;

2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party; misrepresent the source or ownership;

3. 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;

4. retain any copies of the content or extracts thereof or any information derived from the content, or in any way index or mine the content. Your license to content is limited to making direct server calls to Bunnings for the data and to distributing the data to your end user; or

5. modify or alter the API Content to render the API Content unfair, deceptive, abusive, false or misleading.

Brand Features

"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.

Attribution

You must not use any of Bunnings’ Brand Features without first obtaining Bunnings prior written approval.

Publicity

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

Promotional and marketing use

In the course of promoting, marketing, or demonstrating the APIs you are using and the associated Bunnings products, Bunnings 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.

Termination or Suspension

You may stop using the APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide Bunnings with prior written notice and upon termination, cease your use of the applicable APIs. Bunnings reserves the right to terminate the Terms with you, suspect your access to the APIs, 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.

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 Bunnings Brand Features, and delete any cached or stored content.

Surviving provisions

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 5, 6, 7, 8, 9, 11 and 12.

Statutory Warranties

1. State, Territory and Federal legislation implies certain non-excludable warranties into contracts for the supply of goods or services to a consumer (“Statutory Warranties”). If any Statutory Warranties are implied into this contract for the supply of the APIs to you, and there is a breach by us of those warranties, then to the extent we are permitted to do so, we limit that liability to:

• resupply of the APIs; or

• payment of the cost of resupply of the APIs.

1. Our liability to you will not be limited in this way if it is not fair or reasonable for us to rely on the limitation set out in this clause.

Our warranties

1. Bunnings provides its APIs on an “as is” basis, and, except as otherwise provided for by this section 11, Bunnings does not warrant that:

• the APIs will meet your specific requirements;

• your access to or use of the APIs will be uninterrupted or error-free, or that

• any errors in the APIs will be corrected.

Limitation of liability

1. Subject to the balance of this section 11, or otherwise to the operation of the Australian Consumer Law, Bunnings is not liable to you or any third party for any loss of data, loss of profits, loss of use, loss of revenue, loss of goodwill, any interruption of business or for any indirect, special, incidental, exemplary, punitive or consequential damages of any kind, arising out of or in connection with the Terms or the use of the APIs except to the extent that any loss or damage is caused by our own unlawful or negligent conduct.

2. To the maximum extent permitted by law, Bunnings’ total liability for loss or damage suffered or incurred by you as a result of any act or omission by Bunnings under or in connection with the Terms is limited in the aggregate for all claims relating to the Terms to any amounts you pay or becomes payable under the Terms or if no such amount has been paid or becomes payable then the amount of AUD$100.00.

Indemnification

Unless prohibited by applicable law, you will defend and indemnify Bunnings and its subsidiaries against all direct liabilities, direct damages, direct losses, direct costs, direct fees (including legal fees), and direct expenses suffered or incurred by us relating to any allegation or third-party legal proceeding to the extent arising from:

• your misuse of the APIs;

• your breach 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, except to the extent that our loss is due to our unlawful or negligent act.

• API Content, and other information we may make available to you in connection with these Terms, may contain our confidential information. Our confidential information includes any information which we may disclose to you in connection with these Terms and any information about the operation of the APIs, but excludes: (i) information that is or becomes part of the public domain otherwise than as a consequence of a breach by you of these Terms; (ii) information that is independently developed by you; or (iii) information that is obtained by you from a source other than Bunnings which source is entitled to disclose it to you.

• You must protect our confidential information, use it only for the purposes contemplated by these Terms, and not disclose it to any third party without our permission. You may disclose our confidential information when compelled to do so by law.

Modifications to the APIs and to the Terms

1. Bunnings may at any time add to, remove, change or impose restrictions on, the functionalities of the APIs. addition, Bunnings may charge a fee, change a fee, or change the Terms, at any time and for any reason. You will be notified of changes via the email address you have provided to us when establishing your account. Changes will not apply retroactively and will become effective no sooner than 15 days after they are posted. Any 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.

2. You acknowledge that a modification to the APIs or the API Content may have an adverse effect on your API Client and you accept this possibility.

General

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 Bunnings does not take action right away, this does not mean that Bunnings 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 Bunnings relating to its subject and supersede any prior or contemporaneous agreements on that subject.

Governing law

The Terms are governed by the law in force in Victoria, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of courts with jurisdiction in that state.

Third Party Use

We may also partner with selected third-party vendors, such as Google, to determine a more approximate calculation between your selected store and delivery address. By accessing the site, you consent to the collection and use of your data by these third-party vendors in accordance with their Privacy Policy. Google’s Privacy Policy can be found at: Google Maps Platform Terms Of Service  |  Google Cloud.