Terms of Use

EQUIFAX DEVELOPER PORTAL TERMS OF USE

Effective Date: June 30, 2021

These are the Developer Portal Terms of Use that apply to you when you register as a developer and use certain services through the AU DevPortal website in Australia or NZ DevPortal in New Zealand (“SITE”) and comprise the following:

The terms set forth below,
The terms of use generally applicable to Equifax SERVICES AND products (which can be found here: Equifax.com Terms of Use and Privacy Polic y) and
Any additional terms applicable to particular APIs (and related content) (collectively the “TERMS”). If you have a Master TEST Agreement (“MTA”) OR OTHER EXECUTED MASTER AGREEMENT with EQUIFAX which conflicts with or expressly overrides these Terms, the language of your MTA will control where the language conflicts with or overrides the language of these Terms.

If you have entered into another agreement with Equifax, for example a Master Services Agreement, in relation to the same subject matter, then the terms of that other agreement will prevail over a provision or provision of these Terms, to the extent of any conflict or inconsistency. If you are located in Australia, you will enter into a contract with Equifax Pty Limited and if you are located in New Zealand, you will enter into a contract with Equifax (NZ) Holdings Pty Ltd.

Please read the following information carefully before using Equifax’s Developer portal (the “Developer Service”). By clicking the “I ACCEPT” button below and by accessing or using the Developer Service in any manner, you (and the organisation you represent, if any) are indicating that you (“Developer” or “you”) have read and agree with the Terms. If you do not agree with these Terms, please do not use the Developer Service. By accessing or using the Developer Service and the associated licenses, you agree to be bound by these Terms, which terms are effective as of the date you begin using the proprietary developer application programming interface (“API”) and the Data that is available via the API (see clause 1 under “Equifax Site” below).

Account and Registration.

1. Creating an Account.

You must use a current Equifax Developer Portal account or create a new Equifax Developer Portal account in order to use the API and other Developer Services. Prior to formal approval of your request to create an Equifax Developer Portal account, you will have to verify your contact information via email. Equifax may withhold approval of your account for any reason. It's your responsibility to keep your password, account credentials, and accounts secure. You should notify Equifax immediately if any unauthorised use, or suspected unauthorized use, of your Equifax account occurs or if any other breach of security occurs. Equifax is not liable for any loss or damage arising from your failure to comply with these requirements.

2. Registration.

You will be required to provide certain information (e.g., your contact details, description of your product or service, your targeted number of users) as part of the registration process to access the API or as part of your continued use of the API. You must promptly update your registration information so that it is always accurate and up to date. You are only allowed to register for and use 1 set of login credentials, unless otherwise permitted by Equifax in writing.

3. Accepting these Terms.

You may use the Equifax API and other Equifax Developer Services only if you have the capacity to form a binding contract with Equifax on the Terms. You represent that you are 18 years of age or over, have the authority and capacity to accept these Terms, and agree to be bound by these Terms. If you open a Equifax account on behalf of a company or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

4. Subsidiaries and Affiliates.

Equifax subsidiaries and affiliates may provide the Equifax Developer Services to you on behalf of Equifax and these Terms will govern your relationship with these companies. A company is an “affiliate” of another company if it directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with the other company.

EQUIFAX SITE.

License Equifax’s API is a web service that allows you to interface with Equifax’s database(s) to access and view “dummy information” for certain services that do not relate to any actual person or entity, including advertising for Equifax or third parties (collectively the “Data”). Subject to these Terms and upon completion of your registration, Equifax grants you a revocable, non-exclusive, non-transferable, non-assignable license to implement the API in your application so that your application can access and query the Data. Except as otherwise expressly stated in these Terms, you are not granted any other rights to sub-license, distribute or make available the Data to any third party or to facilitate the distribution or delivery of any Data through your application without appropriate agreement(s) first being executed with Equifax by you and/or the End User(s) (as defined below).
End Users. Prior to any access being made available to a third party to an application developed by you and made available via the API, you must complete, and Equifax must accept, all Equifax-required credentialing documentation. In addition, Developer and Equifax must execute a separate written agreement that will govern the access and availability of an application via the API to third party customers (the “End Users”). You will require your End Users to comply with such terms as may be required by that agreement between Equifax and you.
General Requirements and Restrictions. The above license is subject to the following general restrictions:
- you must not submit any false or misleading information to Equifax regarding your access and use of the API
- any application you develop using the API must be designed to access and use the Data only
- you must not access or attempt to access any Equifax database other than through the API
- you must not falsify or alter any unique identifier (e.g., API Key (defined below)) in, or assigned to, your application, or otherwise obscure or alter the source of queries coming from your application
- when requested by Equifax, you shall provide instructions on how Equifax can access any application you have developed using the API
- if you implement the API in a restricted manner (for example, a password protected web site, an application which requires registration) you must provide (if requested) Equifax with the ability to access the product or service as a credentialed user
- you must not reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Data or the API in an attempt to re-identify any Data that has been de-identified or aggregated
- you must not violate or attempt to violate the security of the API by any means whatsoever
- you must not transmit or otherwise make available any material that contains a software virus or any other computer code, files, or programs designed to: (i) interrupt, destroy, or limit the functionality of any equipment (including software and hardware), or (ii) spy on the activities of others
- you must not use the API in a manner that, in Equifax’s sole discretion, exceeds reasonable request volumes, constitutes excessive or abusive use, or otherwise fails to comply with or is inconsistent with these Terms
- you must not use the API in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person or entity
- you must not use the API in any manner that exposes Equifax to any harm or liability of any nature
- you must not use the API in any manner that disparages Equifax or its products or services, or infringes any Equifax intellectual property or other rights
- you must not use the API or display related content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and Equifax, other than as permitted by separate agreement between you and Equifax
- you must not make any representations or warranties about the API to any third party
  and
- you must not use API in violation of any applicable law or regulatory requirements or in any manner that would cause Equifax to violate any such laws or regulatory requirements.
Data-Related Restrictions. The above license is also subject to the following restrictions regarding the Data:
- you must design an application to present the Data only in response to an individual query (i.e., you may not design an application in a manner that allows the presentation the Data in bulk format)
- you must not provide access to any portion of the Data to any party without the prior written consent of Equifax
- you must use industry best practices to prevent the misuse of, and unauthorised access to, the Data
- you must not use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Data, or permit any third party to do the same
- you must take reasonable precautions to prevent caching, indexing, storage, redisplay or other persistence of Equifax data through any means other than as specifically intended and approved by the proposed application
- you must not design an application that allows or facilitates the use of the Data in any manner related to the conduct of a credit reporting business, employment, background screening or any other purpose covered by privacy legislation and regulations in each of Australia and New Zealand
- you must not design an application that allows or facilitates the use of the Data as a derivative database to verify, confirm, enhance, audit, update, or develop any files, products, or databases owned, licensed, or marketed by other companies
- you must not make any representations or warranties about the Data to any third party
  and
- you must not design an application that allows or facilitates the use of the Data in any manner to stalk, harass, embarrass, invade the privacy of, or otherwise cause harm to, any person or entity
API Key. We will assign to you a unique key that is associated with your API account (the “API Key”). The API Key enables your application to access and use the API on a non-exclusive basis. All calls to the API made by your application must include your API Key. As with your other account credentials, you must keep your API Key confidential and you may not share it with any third party. You will use only a single account to request an API Key from Equifax. You are solely and entirely responsible for all uses of the API occurring under your API Key. You must not misrepresent or mask either your identity or your API end user's identity when using the APIs or developer accounts.
Technical Restrictions.
- Periodic Cap. Your use of the API is limited to calls to the API over a given time period. If you exceed the Throttle Rate (as defined below), the API will temporarily stop working for you. If you exceed the limit on more than 1 occasion, your access to, and use of, the API may be terminated on notice to you. Equifax reserves the right to change these limits and caps at any time in its sole discretion.
- Throttle Rate. The rate at which the API may be called (the “Throttle Rate”) has been set as shown in the documentation. You will not attempt to circumvent any technical measures we may put in place to enforce the Throttle Rate. Equifax reserves the right to change the Throttle Rate at any time in its sole discretion.
Violations. If you become aware of a breach of any part of these Terms by you, you must take all steps necessary to remedy the breach, including notifying Equifax of the breach in the manner that we tell you.
Fee for Use. Currently, we provide the API without charge, but we may impose a fee and payment terms for use at any time. We will provide you with reasonably notice before we do this. In addition, accounts that are not used for thirty days or more may be disabled at our discretion.
The Data. The Data accessible via the API may be changed, updated, or deleted without notice for any reason.
Future Versions. We may release subsequent versions of the API and you must use the most recent version within 90 days of the release. Failure to use the most recent version after this time may cause a suspension of access to the API.
Availability/Support. Your access to the API will be on an ‘as is’ basis and we will not be responsible for any disruption of the API, regardless of length or cause. We will not be liable for any losses or damages (whether direct or indirect), costs, penalties, fines and/or expenses you may incur due to any errors or omissions in the Data, or due to your inability to access the Data due to disruption of the API. Your sole remedy for breach of this section will be to terminate these Terms.
Featured Application. Equifax may feature applications on certain Equifax owned websites. We may select your application for featuring, in which case the posted content may include: (i) your name or the name of the entity you represent; (ii) your trade marks or business names or those of the entity you represent; (iii) a screen shot of your application; (iv) a short text description; and (v) a link to your application’s web site. If your application is selected, you grant Equifax and its affiliates a non-exclusive, worldwide, royalty-free limited license to use, copy and communicate to the public the content described above for purposes of featuring your application.
Monitoring and Enforcement. You consent to the monitoring or auditing of your use of the API or other Developer Services and you must cooperate with any monitoring or audit. Equifax reserves the right to investigate and take appropriate action against anyone who breaches these Terms. In addition to any other available remedies, Equifax may, at its sole discretion, seek specific performance and/or injunctive relief.

INTELLECTUAL PROPERTY.

Content. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
No Transfer. Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Suggestions. You assign and agree to assign, without payment to you, all intellectual property rights relating to oral and written comments and suggestions provided by you relating to the Site (including without limitation the APIs, the API documentation) (“Suggestions”). At Equifax’s expense, you will take all actions deemed necessary by Equifax in order for Equifax to assure its rights in and to all Suggestions. Any Suggestions will be deemed to be non-confidential. Equifax is free to use such information on an unrestricted basis.

TERM AND TERMINATION.

Term. The agreement created under the Terms will commence on the date upon which your API Key is issued and will continue until terminated as provided in this document (the “Term”).
Suspension/Termination. Equifax may suspend or terminate all or any aspect of the API at any time. Equifax may suspend or terminate your access to and use of the API at any time for any reason. You may terminate these Terms at any time for any reason, by ceasing to use the API and removing the implementation of the API from your application. On termination of the API, your access and use of the API and all licenses will immediately terminate, and you must promptly remove the API from your application and delete any and all copies of the Data.
Non-compliance. Equifax may modify these Terms at any time in its sole discretion, and that you must review these Terms on a regular basis. Equifax will provide advance notice of changes by posting information on the API web page and by changing the “lasted updated” date and the end of these Terms. Your continued use of the API after notice of changes has been given will constitute your acceptance of the revised terms. If you do not agree to the changes, you may terminate these Terms by discontinuing use of the API and otherwise comply with the requirements of the immediately preceding clause.

NOTICES.

To You. In connection with your access to and use of the API, you must submit a working email address where we may deliver notices to you. Notices delivered via email will be deemed given and received on the transmission date of the email. We may also provide certain notices to you by posting information on the Site.
To Equifax. If you need to communicate with Equifax, notices should be sent to ANZ.API.CoE@equifax.com for feedback, and aunz.apisupport@equifax.com for technical support

WARRANTY AND DISCLAIMER

No warranty. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Site, the API, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
Disclaimer. We reserve the right to restrict, suspend or terminate without notice your access to the Site, the API, any Data, or any feature of this Site at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

LIMITATION ON LIABILITY

To the maximum extent permitted by law, in no event will we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the API, the Site and/or the information or materials contained on it, or as a result of the inaccessibility of this Site and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

MISCELLANEOUS.

Confidentiality. You shall not reveal to third parties the Data or any other material non-public information learned by you in the course of utilizing the API.
Waiver. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. Any waiver would need to be given by us in writing.
Severability. Each of the conditions of this document operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Assignment. We may transfer our rights and obligations under this agreement to another organisation, but this will not reduce your rights or those obligations. You may not transfer your rights or obligations to another person.
Entire Agreement. If you are located in Australia: The agreement created by the Terms is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. If you are located in New Zealand: The agreement created by the Terms is governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New Zealand and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms.

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