Through the Dev Centre, Interac has created an interface where content pertaining to Interac’s products can be made available to visitors of the Dev Centre. Interac may, in its sole discretion, provide Dev Centre users with access to application programming interfaces, product specifications, product descriptions, guides and other information (collectively, the “Content”) as described in Section 2.1 to: (i) inform Dev Centre users about various Interac products and corresponding functionalities; (ii) assist Dev Centre users in the integration and creation of products that are compatible with Interac’s digital platforms, to be used solely in conjunction with such platforms (“Compatible Products”); and (iii) to create a community where Dev Centre users can communicate with other Dev Centre users.
Scope of Service
Through the Dev Centre, Interac may provide User with the services listed in this Section 2.1 (collectively the “Services”) which will enable User to obtain Content in accordance with the following 3-tiered access structure, the classification of which remains in Interac’s sole discretion:
- Tier 1 – Tier 1 Content shall be available to all users of the Dev Centre;
- Tier 2 – Tier 2 Content shall be available to users who have registered for an account on the Dev Centre as set out in Section 4 (“Registered Users”);
- Tier 3 – Tier 3 confidential proprietary Content shall be made available to Registered Users where such users have been validated and approved by Interac, in Interac’s sole discretion, subject to any additional terms and conditions required by Interac; and
- if User has registered for an account on the Dev Centre, participate in discussion forums (“Forum”).
- User Conduct
- learn about Interac’s products and services;
- develop Compatible Products;
- communicate with other Dev Centre users;
- participate in, or consider implementation of, Interac’s products and services; and/or
- facilitate the adoption and integration of Interac’s products and services.
User agrees not to:
- modify, reverse engineer, train an algorithm with, decompile, disassemble, translate, attempt to extract the source code or otherwise deconstruct any Content or any related software;
- alter or remove any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels appearing on, or in, the Content or any reproduction thereof;
- circumvent or attempt to circumvent any security or technical limitations or measures, including login credentials such as username and passwords;
- sublicense, disclose, rent, sell, lease, loan or distribute any Content to a third party or, except as expressly authorized herein, create any derivative works of the Content;
- interfere with or disrupt the Dev Centre or networks which support the Dev Centre, or disobey any requirements, procedures, policies or regulations of networks connected to the Dev Centre or create user accounts by automated means or under false or fraudulent pretenses;
- gain unauthorized access to or use of Interac’s services or systems;
- use the Content for the benefit of a competitor of Interac or to compete against Interac;
- publish, upload, post, transmit or otherwise make available any content that: (i) User does not have the right to make available; (ii) is unlawful, harmful, vulgar, obscene, hateful or racially, ethnically or otherwise objectionable; (iii) infringes any intellectual property rights of any party; (iv) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming or chain letters; or (v) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
- defame, harass, abuse, stalk, threaten or violate the legal rights, including rights of privacy and publicity, of other Dev Centre users and Interac;
- impersonate any person or entity, or falsely state or otherwise misrepresent a Dev Centre user’s affiliation with a person or entity; make any statements that User’s Compatible Products or any other product or service is “certified” or otherwise endorsed, or that its performance is guaranteed, by Interac;
- violate any applicable local, provincial or federal law and any regulations;
- store or archive the Content to User’s or a third party’s computer systems or storage devices; or
- use the Content to create products that offer or promote services that may be damaging to, disparaging of, or otherwise detrimental to Interac or its licensors, licensees, affiliates, subsidiaries, service providers or partners.
- Dev Centre Registration
In order for User to participate in some of the Services, such as accessing in Tier 2 or Tier 3 Content, User must register for a Dev Centre account (“Account”) by providing Interac with certain registration information. The Account will be User’s only means of accessing Tier 2 and Tier 3 Content and participating in the Forum. Access to Tier 3 Content may be subject to Interac’s approval and additional terms and conditions, as required by Interac.
User guarantees that the information provided to Interac during the registration process for the Account is complete, accurate and up-to-date and agrees to update such information as needed. User may update registration information by accessing their Account on the Dev Centre. User is responsible for maintaining the confidentiality of the login credentials associated with User’s Account and is not permitted to share such credentials with any other individual. User agrees to be solely responsible for all activities that transpire under User’s Account. For greater certainty, User shall be solely responsible for the use of the Dev Centre through User’s Account by any individual that uses User’s login credentials to access and use the Dev Centre. User shall immediately notify Interac if User becomes aware of any unauthorized access or use of such User’s Account or other breach of security.
If information provided to Interac during the registration process of the Account is not up to date, or if User does not respond to Interac communications, Interac reserves the right to revoke User’s access to User’s Account.
- Discussion Forum
User acknowledges that User is responsible for the content posted or otherwise provided on the Forum, including the reliability, appropriateness and the use of content protected by trademark and copyright.
User agrees that User shall not upload, post or transmit to or distribute through the Forum any materials (including text, links, communications, software, images, sounds, data or other information) that may constitute advertising, junk
mail, spam, chain letters or any other form of unauthorized solicitation.
While using the Forum, User agrees to:
- be courteous and respectful of others;
- keep posts relevant to the payment industry and Interac’s products and services;
- not disparage the products or services of any company or individual;
- post accurate content, to the User’s best ability; and
- act responsibly to protect Interac’s Confidential Information as defined in Section 13.
- Compatible Products
User agrees to comply, if applicable, with all instructions and directions as described in the Content pertaining to the integration and creation of Compatible Products.In its sole discretion, Interac may, without notice to User, limit or adjust User’s Compatible Products’ interactions with Interac’s services or systems.User acknowledges that the creation or development of Compatible Products does not bind Interac to accepting and/or integrate User’s Compatible Products with the Interac services and systems. Without incurring any liability or obligation, Interac may, in its sole discretion, reject the integration of any Compatible Products with Interac’s services and systems.
- User License
Content accessed on the Dev Centre may contain software that is subject to open source software licenses (“OSS Licenses“) and such software is subject to the terms set out in the corresponding open source software licenses as specified in the applicable Content. Any open source software is attributable to the authors identified in the OSS Licenses and such software shall be used by Users only in accordance with the terms of such OSS Licenses. To the extent any OSS License requires terms with respect to such open source software that are inconsistent with this Agreement, then such rights in the applicable open source software license shall take precedence over the rights granted in this Agreement, but solely with respect to such open source software. Interac does not claim any right, title or interest with respect to the open source software. Interac is not a party to OSS Licenses, and provides any open source software ‘AS IS’. User acknowledges that any applicable OSS License is solely between User and the applicable licensor of the open source software and that user shall comply with the applicable open source software license.
- Interac License
User grants to Interac a non-exclusive, royalty-free, perpetual, assignable, sub-licensable fully paid-up license and all necessary rights to use or display User’s trademarks and company or product name(s) the course of promoting, marketing the Dev Centre in connection to Interac products and services through any channel, including but not limited to press releases, public announcements, on the Dev Centre or through other electronic communications. Interac shall not have any obligation to publicize User’s usage of the Dev Centre, the Content or the Compatible Products.
In the event that User provides Interac with any submission or any feedback, suggestion, input, report or data, whether through the Dev Centre, by email, orally, by action or by any other means, (collectively “Feedback”) Interac may or may not review such Feedback. User hereby assigns to Interac any and all intellectual property rights in the Feedback and waives any moral rights therein. Without limitation thereof, you agree that Interac may use any Feedback for any purpose whatsoever, including without limitation, the creation, improvement and/or marketing of Interacservices, products or content. Feedback shall not be treated as confidential.
User grants to Interac a perpetual, irrevocable, non-exclusive right and license to display, use, copy, publish, distribute, transmit, print and otherwise exploit any material posted on the Forum by User without restriction.
All use of Content or any copies shall include attribution to Interac as the source of such Content and shall contain all propriety notices found on the original Content provided by Interac.
User is solely responsible for all costs and expenses related to User’s use of the Dev Centre, the Content and the Services, including the development of any Compatible Products, as applicable. Interac will not reimburse User for any costs or expenses.
- Intellectual Property Rights
Content available on the Dev Centre is protected by copyright, trademark and other types of proprietary rights and is owned or licensed by Interac. Except for the limited licenses set out in Section 7, User is not granted any proprietary interest in the Content. User is not permitted to use the trademarks displayed on the Dev Centre without Interac’s prior written approval.
Interac retains all right, title and interest, including, without limitation, all intellectual property rights, in relation to the Dev Centre and its Content. User may not use any information or Content provided by Interac to dispute the validity of Interac’s intellectual property rights and User agrees not to assert, authorize, assist or encourage any third party to assert, against Interac or any Interac affiliates, subsidiaries, customers, vendors, business partners or licensors associated with the Content, any intellectual property infringement claim. User hereby assigns to Interac any right or interest User may obtain in the Content.
Elements of the Dev Centre are protected by trade dress and other laws and may not be copied or imitated in whole or in part. All right, title and interest in and to such content, is owned, licensed or controlled by Interac or a respective third party licensor, as the case may be.
- Confidential Information
“Confidential Information” means all or any part of Tier 2 and Tier 3 Content.
Upon Interac’s written request, User will return or destroy all materials, in any medium, that contain, embody, reflect or reference all or any part of any Confidential Information. In the case that Confidential Information is destroyed, User shall certify in writing that it has satisfied its obligations to destroy the Confidential Information within twenty (20) days after receipt of the request by Interac.
User acknowledges that any breach of this Section 13 may result in irreparable injury for which Interac would have no adequate remedy at law. User agrees that Interac shall be entitled to seek immediate injunctive relief prohibiting such violation, in addition to any other rights and remedies available to Interac.
User’s inputs and/or comments that are submitted to Interac, even if marked as confidential, shall not create any confidentiality obligations on the part of Interac unless otherwise agreed in a separate agreement signed by Interac.
User will not make any statement regarding use of the Content which suggests partnership with, sponsorship by, or endorsement by Interac without Interac’s prior written approval.
- End-User Agreements
User is solely responsible for end-users’ use of User’s Compatible Products. For greater certainty, Interac has no liability or obligation to such end-users.
- Third Party Web Site Links
The Dev Centre may contain links to third party websites. These links are provided solely as a convenience to User and do not imply any endorsement of those websites or third parties by Interac. Interac does not warrant the accuracy, completeness or timeliness of any information on such third party websites. Any access of such third party websites is at User’s sole risk.
- Modifications and Changes to Services
Interac may change, modify, suspend or discontinue any aspect of the Services including the availability of any Content at any time, and from time to time, with or without notice to User.
User may be required to obtain and use the most recent version of the Content in order to retain functionality of User’s Compatible Products. Changes to the Dev Centre, its Services and Interac products and services may affect User’s Compatible Products and may require User to make changes to the Compatible Products at User’s own expense so that User’s Compatible Products remains compatible with, and interface accurately with, Interac’s services and systems.
Interac will have no liability or obligation to User with regard to any modifications or changes it makes to the Dev Centre, its Services and Interac products and services.
- Termination of Services
User may stop using the Services at any time.
Interac reserves the right to refuse and revoke access to the Services to any User, including Registered Users, for any reason at any time, without notice to such User. Interac also reserves the right to block access to the Dev Centre to a particular IP address.
- Limitation of Liability
USER EXPRESSLY UNDERSTANDS AND AGREES THAT USE OF THE DEV CENTRE AND THE SERVICES, INCLUDING ANY CONTENT, IS AT USER’S SOLE RISK. THE DEV CENTRE, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS”,“AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. INTERAC EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS WITH RESPECT TO THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE DEV CENTRE OR THE SERVICES, INCLUDING ANY CONTENT, AND INTERAC DOES NOT GUARANTEE UNINTERRUPTED OPERATION OF THE DEV CENTRE. INTERAC DOES NOT WARRANT THAT THE DEV CENTRE OR THE SERVICES, INCLUDING ANY CONTENT, IS FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS OR OTHER MALICIOUS CODE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. USER MAY HAVE RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION; HOWEVER, THE ABOVE DISCLAIMERS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IN ADDITION TO SECTION 20.1 ABOVE, USER EXPRESSLY UNDERSTANDS THAT INTERAC DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR:
- THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT; OR
- THE ACCURACY, COMPLETENESS, RELIABILITY, OPERABILITY OR AVAILABILITY OF THE DEV CENTRE OR ANY SERVICES.
USER EXPRESSLY UNDERSTANDS THAT COMPUTER NETWORK-BASED SERVICES MAY BE SUBJECT TO OUTAGES, ATTACKS BY THIRD PARTIES AND DELAYS.
- Applicable Laws
User shall not use the Dev Centre or the Services in any manner, or in furtherance of any activity, that may cause Interac to be in breach of applicable laws or subject to investigation, prosecution or legal action.
- No Limitation
- Force Majeure
Interac will not be liable to User for any losses arising out of any failure or Interac to perform, or any delay or interruption of the Dev Centre due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labour disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions of a third party, infiltration or disruption of Interac’s services and systems by a third party by any means, including without limitation, DDoS attacks, software viruses, Trojan horses, worms, time bombs or any other technology designed to disrupt or delay the Services, or other catastrophes or any other occurrences which are beyond Interac’s reasonable control.
- No Partnership
- Entire Agreement
- Interac Developer Centre: Blog Terms and Conditions
The Developer Centre Blog (the “Blog”) is a forum you can use to share thoughts, experiences, resources and concerns relating to our Developer Centre content. All comments, information, text, messages, data, ideas, reviews, opinions, suggestions or other materials created by you on the Blog (the “Posts”) are your responsibility. Interac has no responsibility for Posts.
- to be courteous and respectful of others;
- to keep your posts relevant to the payment industry and Interac’s products, services and programs;
- to not post, transmit, link to, upload or otherwise submit or distribute any Posts that:
- infringe any proprietary or other rights of third parties, including any copyright, trademark, patents, trade secrets, privacy or other proprietary or property right;
- contain any libellous, tortious or otherwise unlawful information;
- are inappropriate, profane, defamatory, racist or prejudiced to or against any particular group, infringing, obscene, pornographic, indecent or unlawful;
- depict violent or criminal acts, or seek to incite violence or crime;
- include personal information of another person or use that person’s correspondence, diaries or personal documents without that person’s consent;
- could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; or,
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including, without limitation, rights relating to privacy and publicity.
Interac retains the right, in its sole discretion, to review, edit, refuse, block or delete any Post for any reason without notice to you. Interac will not be liable to you or any third-party for any modification or discontinuance of your Post, or for the content of any such Post. Interac does not control the Posts posted on the Blog and does not guarantee the accuracy, integrity or quality of the Posts.
By reading, posting, or in any way interacting with the Blog, you acknowledge and agree:
- that Interac may preserve Posts and may also disclose any information as necessary to satisfy any law, regulation or governmental request, comply with legal process, enforce these terms or to protect itself;
- that you are solely responsible for your Posts and for the content and consequences of the material you post to the Blog including their legality, reliability, appropriateness, and trademark and copyright ownership; and,
- that you have all necessary rights in and to all the Posts you provide and that your Posts do not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF INTERAC, ITS AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, INCLUDING INTERAC ASSOCIATION, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES RESULTING FROM OR RELATED TO ANY BREACH OF THESE TERMS AND CONDITIONS, YOUR ACCESS TO OR USE OF INTERAC PROPERTIES OR YOUR USE OF OR RELIANCE ON OR PUBLICATION, COMMUNICATION OR DISTRIBUTION OF ANYTHING FROM INTERAC. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENCE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
- Contact Information
Any questions, notices or complaints related to the Dev Centre should be communicated to Interac directly in accordance with the following contact information:
Attention: Complaints and Disputes
Interac Developer Centre
Royal Bank Plaza, North Tower
200 Bay Street, Suite 2400, P.O. Box 45
Toronto, Ontario, M5J 2J1