(a) These terms govern the use of the Traffic and Travel API Service (Traffic and Travel Terms of Use) and apply in addition to the legal disclaimer and associated copyright and privacy terms that govern the use of the NZ Transport Agency Waka Kotahi (NZTA) website (website) generally, which are set out at https://www.nzta.govt.nz/about-us/about-this-site#disclaimer (website Terms of Use).
(b) If there is any inconsistency between any of the terms of the website Terms of Use and the Traffic and Travel Terms of Use, the terms of the Traffic and Travel Terms of Use prevail.
(c) By registering to use the NZTA Traffic and Travel application programming interface service (Traffic and Travel API Service) you indicate your acceptance of the website Terms of Use and the Traffic and Travel Terms of Use and you agree to comply with the website Terms of Use and the Traffic and Travel Terms of Use.
Subject to the restrictions contained in these Terms of Use, you may use the Traffic and Travel API Service to:
(a) access certain road, traffic and travel information, which may include maps, photographic imagery and webcam feeds (Travel Information), provided by NZTA, Auckland Transport, Transport for Christchurch, and other local authority entities (each a Local Government Entity and together Local Government Entities);
(b) develop tools to enable you to publish or distribute by any means the Travel Information (with or without other content provided by you and/or others);
(c) develop tools to enable the publication or distribution by any means of the Travel Information by a third party (with or without other content provided by the third party or you), provided that the relevant third party also registers for use of the Traffic and Travel API Service and agrees to the website Terms of Use and the Traffic and Travel Terms of Use; and
(d) publish or distribute by any means the Travel Information (with or without other content provided by you) utilising tool(s) developed by a third party developer.
(a) You must ensure that all Travel Information that you publish or distribute is timely, location appropriate and accurate. This means that any Travel Information made available to users of:
(i) your Travel Information publication or distribution service; or
(ii) the Travel Information publication or distribution service of any third party who may access the Travel Information through tools developed by you;
must at any point in time reflect the corresponding Travel Information that would be available to those users if those users accessed that Travel Information through the Traffic and Travel API Service directly at that same point in time.
(b) You must not:
(i) in the case of map information, photographic imagery or webcam feeds, publish or display any Travel Information in any manner, form or format that differs from that which is provided to you through the Traffic and Travel API Service;
(ii) reword or reformat any Travel Information in any way which would render the information inaccurate or misleading in any way;
(iii) charge users for accessing the Travel Information accessed through your publication or distribution service or a third party's publication or distribution service. Any charges payable for such services may only be for such service information, features or functionality that are not provided via the Traffic and Travel API Service.
(c) You acknowledge that the Travel Information may include information relating to ‘notable’ events that may cause traffic delays or require caution, and such information is only made available where the details have been verified by NZTA or another official source. You agree that in making the Travel Information available through your publication or distribution service or the publication or distribution service of a third party, you will ensure that this is clearly brought to the attention of all users of such service(s).
(d) Other than as expressly permitted in these Terms of Use, these Terms of Use do not allow you to use the Travel Information for commercial purposes. If you wish to obtain a licence that allows you to charge users for the Travel Information you should contact the owner of the relevant Travel Information directly with your request. Such request must clearly describe the proposed value added service and reason for requiring a licence, and should be sent to contact us (please ensure all contact information is supplied in the request).
(e) NZTA and the Local Government Entities reserve the right to charge for any new future data sets of Travel Information made available to you via the Traffic and Travel API Service. If any charges apply for a particular data set of Travel Information, these charges will be specified at the time you select the relevant data set. You will be given the opportunity to reject your selection before any charges are incurred if you do not wish to accept those charges.
(a) The Traffic and Travel API Service and Travel Information is available to you only for the purposes recorded in clause 2 of the Terms of Use. You agree:
(i) to use the Traffic and Travel API Service only for the purposes set out in clause 2;
(ii) not to remove any proprietary rights notices, modify or alter the Travel Information except as expressly permitted in the Terms of Use; and
(iii) not to use the Traffic and Travel API Service for any improper, injurious, offensive or unlawful purposes.
(b) You are responsible for making your own assessment of the suitability of the Traffic and Travel API Service and Travel Information for:
(i) meeting your requirements and achieving your purposes; and
(ii) meeting the requirements and achieving the purposes of any third parties who may access the Travel Information through tools developed by you or any user of your Travel Information publication or distribution service;
(iii) any actions you take based on information obtained through use of the Traffic and Travel API Service and Travel Information, and all outcomes resulting from your use of the Traffic and Travel API Service and Travel Information;
(iv) providing all technology, hardware, software and telecommunication facilities in order to access and use the Traffic and Travel API Service; and
(v) all tools developed by you for accessing the Travel Information and all other content that you may make available with the Travel Information to users of your Travel Information publication or distribution service.
(a) NZTA reserves the right to alter, suspend or terminate the Traffic and Travel API Service or the Travel Information, in whole or in part, temporarily or permanently at any time.
(b) NZTA may modify or upgrade the Traffic and Travel API Service from time to time and your continued use of the Traffic and Travel API Service will be subject to you obtaining and using that modified or upgraded version and NZTA does not guarantee the suitability or reliability of such modified or upgraded version.
NZTA may from time to time make additional services available to users of the Traffic and Travel API Service (Additional Services). Your use of the Additional Services may be subject to you registering for the relevant Additional Service, NZTA accepting your registration and you agreeing to additional terms of use applicable to those Additional Services.
(a) You acknowledge that all intellectual property rights in the Traffic and Travel API Service, the Travel Information and all other information on this website that relates to the Traffic and Travel API Service (whether registered or unregistered and whether subsisting in New Zealand or elsewhere in the world) is owned by NZTA, the Local Government Entities, or NZTA's or the Local Government Entities’ licensors. Except as expressly permitted under clause 2 of these Terms of Use no part of this website that relates to the Traffic and Travel API Service may be:
(i) distributed or copied for any commercial purpose, nor incorporated in any other work or publication (whether in hard copy, electronic or any other form); or
(ii) re-sold, published, copied, reproduced, transmitted or stored (including in any other website or other electronic form), without the NZTA's express prior written permission.
(b) Except as may be expressly agreed in writing with NZTA, nothing in the Terms of Use gives you the right to use the NZTA's or any of the Local Government Entities’ names, trade names, trade marks, logos or domain names (Marks). You accordingly agree that you will not use the Marks:
(i) unless NZTA or the relevant Local Government Entity has expressly agreed to this in writing; or
(ii) except to the extent that any Travel Information which you access via the Traffic and Travel API Service incorporates or includes Marks, in which case you will not be required to remove such Marks when making use of the Travel Information in accordance with clause 2 of these Terms of Use.
(c) You agree you must not remove, obscure or alter any proprietary rights notices (including copyright and trade mark notices) affixed to or contained in the Traffic and Travel API Service or the Travel Information.
(d) NZTA grants you a personal, worldwide, royalty free, non-assignable and non-exclusive licence to use the software provided to you as part of the Traffic and Travel API Service for the sole purpose of enabling you to use the Traffic and Travel API Service for the purposes recorded in clause 2 of these Terms of Use.
(e) You must not, and not permit anyone else to, copy, modify, create a derivative work of, reverse engineer or decompile the software provided to you as part of the Traffic and Travel API Service.
(f) By submitting, posting or displaying content through the Traffic and Travel API Service, you grant NZTA a perpetual, irrevocable, worldwide, royalty free, non-exclusive licence to reproduce, adopt, modify, translate, publish, display and distribute any such content for the sole purpose of enabling NZTA to display, distribute and promote the Traffic and Travel API Service and Travel Information.
To the extent permitted by law, NZTA and the Local Government Entities exclude all warranties of any kind, whether express or implied including, without limit:
(a) any warranty as to suitability, fitness for purpose or that the Traffic and Travel API Service, and/or your use of the Traffic and Travel API Service or access to the Travel Information, will be faultless, immediate, continuous and virus-free;
(b) any warranty that the Travel Information or any other information provided through the Traffic and Travel API Service will be complete, accurate or up-to-date.
(c) any warranty or guarantee provided by the provisions of the Sale of Goods Act 1908, the Contractual Remedies Act 1979 or the Consumer Guarantees Act 1993,
and to the extent that the provisions of the Fair Trading Act 1986 and other statutes, rules or regulations for the time being in force in New Zealand may imply certain conditions or warranties or impose obligations on NZTA which cannot, or cannot except to a limited extent, be excluded, restricted or modified by the provisions of these Terms of Use, such excluded restrictions and modifications shall apply only to the extent that they cannot be excluded.
(a) To the extent permitted by law, NZTA and the Local Government Entities will not be liable for any direct, indirect or consequential damage, loss or expense of any kind suffered or incurred by you in connection with the Traffic and Travel API Service or the Travel Information.
(b) The exclusions and limits set out in these Terms of Use will also operate for the benefit of the NZTA and its Local Government Entities’ relevant suppliers, licensors and agents which NZTA and each Local Government Entity uses to make the Traffic and Travel API Service and/or Travel Information available to you.
(a) You agree to indemnify NZTA in respect of any loss, damage, cost or expense (including reasonable enforcement costs, whether incurred on a solicitor and own client basis or otherwise) suffered or incurred by NZTA as a result of:
(i) a breach by you of any of your obligations under any terms and conditions which you have accepted in relation to the Traffic and Travel API Service;
(ii) your intentional misuse of the Traffic and Travel API Service, the Travel Information or the part of the website that relates to the Traffic and Travel API Service;
(iii) your negligent acts or omissions;
(iv) any claim, suit or action brought against NZTA by a third party for any of the matters above; and
(v) any claim, suit or action brought against NZTA by a third party that the NZTA use of content submitted, posted or displayed in accordance with the licence granted under clause 7(f) breaches the intellectual property rights of that third party.
(b) The indemnity in clause 10(a) will also operate for the benefit of each of the Local Government Entities to the extent that your liability under that indemnity arises due to your intentional misuse of the Travel Information belonging to the relevant Local Government Entity.
If you wish to link to any part of this website that relates to the Traffic and Travel API Service, you must obtain the NZTA prior written consent. NZTA reserves the right to prohibit links to the part of website that relates to the Traffic and Travel API Service and you agree to remove or cease any link upon the NZTA request. You may not frame any part of the material on the part of the website that relates to the Traffic and Travel API Service by including advertising or other revenue generating material.
Although NZTA and each Local Government Entity has endeavoured to ensure the content on this website is current, accurate and complete, NZTA and each Local Government Entity does not guarantee that such content will be current, accurate or complete when you access it. NZTA or the relevant Local Government Entity will take action, within a reasonable period of time, to correct any error or inaccuracy which is brought to the NZTA or the relevant Local Government Entity’s attention.
This website may contain links to third party websites. These websites have not been prepared by and are not controlled by NZTA. They are provided for your convenience only, and do not imply that NZTA checks, endorses, approves or agrees with third party websites this website links to. To the extent permitted by law, NZTA has no liability in respect of any third party websites this website links to.
(a) The Privacy Policy included in the website Terms of Use governs the collection, use and disclosure of your personal information by NZTA.
(b) You agree to advise NZTA as soon as possible if any personal information provided by you changes, or you become aware of any inaccuracy in the personal information you have provided. If you are providing personal information relating to any person other than yourself, you warrant that you are authorised to provide that information.
You agree that you will at all times comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in relation to any of the information or services made available to you through the Traffic and Travel API Service or otherwise through this website.
(a) You may terminate your use of the Traffic and Travel API Service, or terminate your access to any part of this website that relates to the Traffic and Travel API Service for which registration is required, at any time by requesting that NZTA delete your username and password for the relevant service or part of this website.
(b) NZTA may terminate your right to use any part of the Traffic and Travel API Service or the Travel Information, or access to any other part of this website for which registration is required, by giving you one month's notice.
(c) Despite clause 16(b), NZTA may terminate your right to use any part of the Traffic and Travel API Service or the Travel Information, or your access to any other part of this website that relates to the Traffic and Travel API Service without notice if you breach any of the Terms of Use or the website Terms of Use.
(d) Any termination of your right to use any of the Traffic and Travel API Service, or access to any other part of this website for which registration is required, will not affect any rights or obligations which have accrued prior to termination.
This website and content has been prepared in accordance with the requirements of New Zealand law. The website Terms of Use and these Terms of Use and any matters or disputes connected with this website will be governed by the laws of New Zealand and will be dealt with by the New Zealand courts.
We may amend the website Terms of Use and these Terms of Use from time to time so you should check and read the website Terms of Use and Terms of Use regularly. By continuing to use the Traffic and Travel API Service after any such amendment, you are deemed to have agreed to the amended website Terms of Use and these Terms of Use.
If you have any questions or concerns in relation to the APIs, the website, the website Terms of Use or these Terms of Use, please contact us.
