Terms and Conditions

Preamble

  1. These Terms and Conditions govern the relationship between the Government of Canada ("we" or "us" or "our") and any person registered in its own name or in the name and on behalf of another entity ("you" or "your").

  2. Your access and use of the Government of Canada API Store ("GC API Store") and your use of API web services, being Application Programming Interfaces to transfer or exchange data, (the "Services and Data") provided by us, as well as data transmitted over such API web services are governed by these Terms and Conditions. You represent that you have full authority to accept, and agree to be bound by, these Terms and Conditions, either in your own name or if you are accepting on behalf of another entity, you are binding said entity. If you are entering into these Terms and Conditions on your own behalf, you attest that you are of legal age in your province of residence.

  3. By accepting these Terms and Conditions, we grant you access to the GC API Store and to the open (publicly available) APIs available in the GC API Store, or to other APIs for which you have been invited to use through existing partnerships or agreements by the API Owners. There may be other APIs in the GC API Store to which you do not have access or authorization to access that are available to other users under separate Terms and Conditions. Terms and Conditions of any other classification of API will supersede your rights under these Terms and Conditions and are controlled by the API Owner. For more information on API specific Terms and Conditions, please contact the API Owner indicated.

Definitions

The following terms used within the Terms and Conditions have the following meaning assigned to them:

"API" means an Application Programming Interface, more specifically web service API, which is on the GC API Store.

"API Owner" means the developer of the API who has made their API available on the GC API Store. For the purposes of the GC API Store, all API Owners are either departments or branches of the Government of Canada.

"API Plan" means a set of policies or rules that determine if approvals are required to subscribe to the API and the frequency of API calls that an application can make.

"Application" means a program or piece of software designed and written to fulfill a particular purpose of the user that will be using the data generated from the API.

Terms and Conditions

  1. In order to gain access to and use the GC API Store, you agree to provide all of the required information for the creation of an account in the GC API Store:

    1. First and Last Name

    2. Organization Name (if applicable)

    3. Username

    4. Email

    5. Password

  2. In order to request a subscription to an API, you agree to provide all of the required information pertaining to the Application that will be consuming the API:

    1. Application Name

    2. Description of Application and Use

    By making a request to subscribe to an API, you attest that you are the owner of the Application, or have access and authority to use that Application for the purpose of consuming APIs.

  3. You confirm that any information you provide to us is true, accurate, and complete to the best of your knowledge.

  4. You understand and accept that you are at all times responsible for your login information. This responsibility applies even if you change your login information. You agree to keep your login credentials confidential at all times and not to share it with or disclose it to others.

  5. If your login information (i.e. username, password) are revealed or if you suspect that someone else has learned or obtained them, you are responsible for taking all necessary measures to ensure compliance with the Terms and Conditions and resetting your password.

  6. You agree not to use your own or another individuals login information for any improper activities related to the GC API Store or the Services and Data, being any activities that are not specifically authorized under these Terms and Conditions.

  7. You agree not to use the Services and Data in a manner that harasses or may harass other parties, or that will or will have the potential to disrupt, undermine, corrupt, diminish or otherwise threaten or jeopardize the GC API Store.

  8. You agree not to use the Services and Data or the GC API Store

    1. In a way that could or does negatively impact the performance of the system or network or the GC API Store for us or other users

    2. Download or transit into the GC API Store any viruses, Trojan horses or any other programs that are designed to interfere or damage the GC API Store

    3. To do anything in violation of the Criminal Code of Canada

  9. The GC API Store team will monitor access to the GC API Store to ensure the service is being used responsibly and in accordance with these Terms and Conditions. You understand and accept that we and individual API Owners can suspend or revoke your access to the GC API Store, and/or individual APIs without notice under the following circumstances:

    1. we suspect unauthorized use of your personal or login information;

    2. you fail to comply with any of the Terms and Conditions of use and/or agreements in place with the GC API Store or with individual API Terms and Conditions;

    3. as a security measure;

    4. for operational reasons; or

    5. for administrative reasons.

  10. The GC API Store team has taken all reasonable steps to ensure the security of this website. We have used sophisticated encryption technology and incorporated other procedures to protect your personal information at all times. However, the Internet is a public network and there is the remote possibility of data security violations.

Access to the Store/Platform

  1. We will reasonably try to ensure the GC API Store is available 24/7. However, we also reserve the right, without notice or compensation, to temporarily or permanently suspend service or close the Store and the API Services and Data for maintenance operations or otherwise in your sole discretion. We cannot be held responsible for any suspension of service or permanent closure.

  2. Government of Canada is not responsible for the failure of:

    1. the availability or unavailability, for any reason, of the Internet, login services or other infrastructure systems;

    2. any restriction, delay, malfunction, or unavailability of the GC API Store due to unforeseen circumstances

Application Process

  1. In order to secure back-end systems, Applications that submit service requests will require the use of an API key. You may request an API Key by completing the required subscription process within the GC API Store.

  2. API Owners across the Government of Canada will review API Key requests to ensure that you have agreed to the Terms and Conditions of their APIs, if required, prior to issuing an API Key. GC API Owners, in their sole and complete discretion, may give you an API Key for access to the API.

  3. Access privileges to API Services and Data are granted at our sole discretion and may be restricted or terminated at any time.

Policies and Requirements Regarding Use of API Services

  1. Usage of APIs may be limited by us and/or the API Owner and may be monitored. If you plan to make use of an API beyond the set API Plan limitations for which you have subscribed, you must notify the API Owner prior to such use and seek consent for such use.

  2. We reserve the right to track and publish statistics on usage per API and the Application that is requesting access.

  3. We do not endorse or recommend for public use any specific Application developed for the use of its APIs, and any statements implying or claiming that we have made such an endorsement are strictly prohibited.

  4. Any practice whereby information that is intended to be transmitted directly between you and the GC is manipulated, edited, redacted or otherwise processed by the Application, such that the content or meaning of the information or data is altered, must be disclosed to the user in a clear and conspicuous manner.

  5. You are prohibited from sharing, distributing, or disclosing (intentionally or unintentionally) any API Keys to any other individual or entity, and any such sharing, distribution or disclosure constitutes a violation of these Terms and Conditions.

  6. You agree to comply with, and use all means available to assist us in complying with all laws applicable to the API Services and Data.

  7. Any activity that exceeds your authorized access privileges to the GC API Store and the API Services and Data is strictly prohibited.

Consequences of Violating the Terms and Conditions

  1. You have a continuing obligation to comply with the Terms and Conditions. If you violate any of the Terms and Conditions, we may, in our sole and absolute discretion, in addition to any available remedies we have at law, immediately invalidate your API Key(s), terminate your access to and privileges to use to the API Services and Data and the GC API Store.

Exclusion of Warranties

  1. We do not guarantee the accuracy, completeness or availability of the API Services and Data. You understand and agree that you are accessing and using the GC API Store and the API Services and Data at your sole risk and discretion. The GC API Store and API Services and Data are made available on an "as is" and "as available" basis without any representations or warranties of any kind, whether expressed or implied, including without limitation implied warranties or warranties regarding fitness of use or purpose. You agree that we shall not be held liable for any error, inaccuracy, or unavailability, or other defect in the API Services and Data. Any errors, inaccuracies or unavailability or other defect in the API Services and Data can be reported to the API Owner through the GC API Store.

Limitation of Liability and Indemnity

  1. You agree that in no event shall we, nor our employees or agents, be liable for any direct, indirect, incidental, consequential or special damages (including without limitation, loss of use, time or data, inconvenience, commercial loss, lost profits or savings, cost of computer equipment and software, or solicitor fees) that you incur in relation to your accessing or use of the GC API Store and/or the API Services and Data, or for any of your obligations, to the full extent that such may be disclaimed by law, or for any claim against You by any third party. In no event shall we be liable for any claim, including claims by third parties, for loss or damages arising from Your use of the GC API Store and/or the API Services and Data.

  2. You shall indemnify and save us and our employees and agents harmless from and against any and all claims, losses, damages, costs, expenditures, actions, injuries or liabilities of any kind, nature and description (including, without limitation, incidental and consequential and special damages, court costs, legal fees and costs of investigation), that arise directly or indirectly, in whole or in part, from your use of the GC API Store and/or the API Services and Data.

General Provisions

  1. We retain the right to modify these Terms and Conditions at any time in our sole and absolute discretion, by posting modified Terms and Conditions on this page in the GC API Store. Any such modification is effective upon posting, unless otherwise indicated. We will attempt to provide notice of any such changes to you upon login and/or notice may be provided to current account holders at the current email address provided in the GC API Store account and/or subscription request by you. For this reason, you are required to provide current contact information to the GC API Store and to update said information in your profile should it change. You agree that by continuing to access and use the GC API Store and/or the API Services and Data that you are bound by any modified terms and conditions that are posted from time to time.

  2. These Terms and Conditions shall be governed by and interpreted under the laws of the Province of Ontario and the laws of Canada applicable therein. Without regard to conflict of laws provisions. Any dispute arising out of these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Ontario, and you hereby attorn to the venue and jurisdiction of such courts.

  3. No modifications of these Terms and Conditions, other than as described in paragraph 30 above nor any waiver of any rights, shall be effective except by an instrument in writing signed by You and us, and the waiver of any breach or default shall not constitute a waiver of any other right hereunder for any subsequent breach or default.

  4. These Terms and Conditions contain the entire agreement and understanding between you and us with respect to the subject matter hereof and completely replace and supersede all prior agreements, understanding and representations.

  5. If any provision of these Terms and Conditions is determined to be invalid or unenforceable, in whole or in part, by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the remaining terms or provisions hereof, and the remaining provisions will nevertheless remain in full force and effect.

  6. You agree that, if we do not exercise or enforce any legal right or remedy contained in these Terms and Conditions (or that we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Any waiver of any provision of these Terms and Conditions will be effective only if we expressly waive compliance with a provision in writing.

Providing Content in Canada's Official Languages

  1. The Official Languages Act, the Official Languages (Communications with and Services to the Public) Regulations and Treasury Board policy requirements establish when we use both English and French to provide services to or communicate with members of the public. When there is no obligation to provide information in both official languages, content may be available in one official language only. Information provided by organizations not subject to the Official Languages Act is in the language(s) provided. Information provided in a language other than English or French is only for the convenience of our visitors.

Trademark Notice

  1. The official symbols of the Government of Canada, including the Canada wordmark, the Arms of Canada, and the flag symbol may not be reproduced, whether for commercial or non-commercial purposes, without prior written authorization.

Our Commitment to Accessibility

  1. The Government of Canada is committed to achieving a high standard of accessibility as defined in the Standard on Web Accessibility and the Standard on Optimizing Websites and Applications for Mobile Devices. In the event of difficulty using our web pages, applications or device-based mobile applications, contact us for assistance or to obtain alternative formats such as regular print, Braille or another appropriate format.

Privacy Statement

  1. The Government of Canada is committed to providing websites that respect the privacy of visitors. This privacy notice summarizes the privacy practices for the GC API Store.

  2. All personal information collected by this institution is governed by the Privacy Act and the Access to Information Act. This means that you will be informed of the purpose for which your personal information is being collected and how to exercise your right of access to that information.

Your Privacy and the Internet

  1. The nature of the Internet is such that Web servers automatically collect certain information about a visit to a website, including the visitor's Internet Protocol (IP) address. IP addresses are unique numbers assigned by Internet Service Providers (ISP) to all devices used to access the Internet. Web servers automatically log the IP addresses of visitors to their sites. The IP address, on its own, does not identify an individual. However, in certain circumstances, such as with the co-operation of an ISP for example, it could be used to identify an individual using the site. For this reason, the Government of Canada considers the IP address to be personal information, particularly when combined with other data automatically collected when visitor requests a Web page such as the page or pages visited, date and time of the visit.

Digital Markers (including cookies)

  1. A digital marker is a resource created by your browser in order to remember certain pieces of information for the Web server to reference during the same or subsequent visit to the website. Examples of digital markers are "cookies" or HTML5 web storage. Some examples of what digital markers do are as follows:

    1. they allow a website to recognize a previous visit each time the visitor accesses the site;

    2. they track what information is viewed on a site which helps website administrators ensure visitors find what they are looking for.

  2. The GC API Store uses digital markers on some portions of its website including to determine whether or not you are logged in to the site. During your on-line visit, your browser exchanges data with the GC API Store web server. The digital markers used do not allow the GC API Store to identify individuals.

  3. You may adjust your browser settings to reject digital markers, including cookies, if you so choose. However, it may affect your ability to interact with the GC API Store.

  4. The use of web analytics, such as cookies, for measuring and improving performance of Government of Canada websites complies with the Standard on Privacy and Web Analytics.

Communicating with the Government of Canada

  1. If you choose to send us an email or complete a feedback form online, your personal information provided, being your first and last name, phone number (if provided), address and email address (if provided), is used by us in order to respond to your inquiry. We do not use the information to create individual profiles nor does it disclose the information to anyone other than to those in the federal government who need to provide you with a response. Any disclosure of your personal information is in accordance with the Privacy Act.

  2. Emails and other electronic methods used to communicate with us are not secure unless it is specifically stated on a Web page. Therefore, it is recommended that you do not send sensitive personal information, such as your Social Insurance Number or your date of birth, through non-secure electronic means.

  3. Personal information from emails or completed feedback forms is collected pursuant to the Department of Industry Act, Sections 4(1), 5(b)(d)(e), and 6(a)(b)(c)(d).

  4. Should you refuse to provide personal information in completing a feedback form or another method of communication with us, we may not be able to respond to you in a timely manner or at all.

GC API Store Credentials

  1. We are committed to providing measures that respect and value your privacy and security. This section summarizes the privacy policy and practices that apply to your GC API Store Account Credentials.

  2. We collect the following personal information from you when you open an account on the GC API Store: name, email, organization. The purpose for collecting and using "Username, Password and Email" is to issue, manage and validate anonymous credentials of individuals accessing and/or communicating with our systems and applications, in order to provide a service. This personal information is collected pursuant to the Department of Industry Act Sections 4(1), 5(b)(d)(e), and 6(a)(b)(c)(d). Such information is used to for the set-up of a user profile for the purpose of communicating with or obtaining products or services from government (refer to Public Communications—IB No. PSU 914).

  3. The personal information may be used to establish audit trails of credential usage. In the case of suspected security or privacy breaches, personal information may be shared with departmental security and access to information and privacy officials, as well as the federal government department or agency which collects and uses the personal information considered to have been compromised (refer to Standard PIB Security Incidents—PSU 939). For suspected criminal activity, personal information may also be disclosed to the Royal Canadian Mounted Police for investigational purposes; refer to institution-specific PIB Operational Case Records—RCMP PPU 005.

  4. We employ software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. This software receives and records the Internet Protocol (IP) address of the computer that has contacted our websites, the date and time of the visit and the pages visited. We make no attempt to link these addresses with the identity of individuals visiting our sites unless an attempt to damage the sites has been detected.

  5. Should you refuse to provide the necessary personal information to open an account on the GC API Store, you will not be able to open an account or to use the Services and Data. You may also have limited access to information provided on the GC API Store.

  6. You have the right to access and request the correction of your personal information. Questions, concerns and complaints regarding this notice, or the administration of the Privacy Act in connection with your GC API Store account may be directed to the Access to Information and Privacy Protection Coordinator as follows:
    Innovation, Science and Economic Development Canada (formerly Industry Canada)
    Access to Information and Privacy Coordinator
    West Tower
    235 Queen Street, 2th Floor
    Ottawa, Ontario K1A 0H5
    Telephone: 1-343-291-2792
    Facsimile: 1-343-291-1893
    ic.atip-aiprpa.ic@canada.ca

  7. For more information on privacy issues and the Privacy Act in general, please consult the Office of the Privacy Commissioner of Canada website or call 1-800-282-1376 .

  8. By selecting "I agree" you indicate that you accept these Terms and Conditions of use.