API terms and conditions

We're making some changes to our API terms and conditions to better define what constitutes acceptable (and unacceptable) use of our API. There are quite a few changes so we've published the new Ts&Cs on the Developer site to give you an opportunity to read and digest them before they come into place on 22 September. Use of the API from then on will constitute your acceptance of the new Terms and Conditions. If you have any comments or questions, please let us know

Thanks for your interest in Trade Me and our API. We want people to use the API to build great applications but we have a few rules about how it is used.

Trade Me's API is made available to you on the following conditions. Your or your application's use of the API constitutes your acceptance of these terms.

If you want to do anything that goes outside this, then talk to us first and we may be prepared to make an exception.

Your access to the API

  1. When you register an application that uses our API, you agree to keep your access keys to yourself.
  2. You agree to ensure your users and you stay within the rate limits enforced by our API, and to not do anything that causes our technical people to stress out.
  3. You agree to ensure your application doesn't do anything that could cause a user to breach these terms and conditions or any other of Trade Me's terms and conditions.
  4. You agree not to use your users' access to the API for your own purposes, or for any purpose other than carrying out your users' instructions.
  5. You agree not to do anything on behalf of a user that has not been clearly authorised by that user.
  6. We may impose limitations on or block your application's access to the API at any time if you breach these terms, or at our sole discretion.
  7. OAuth

  8. You may only enable your users to interact with Trade Me in a way that requires login after they have used OAuth. You agree to never ask for, collect or store Trade Me members' usernames or passwords.
  9. If content is only viewable after a member has logged in, then you may only make it available to that member after they have signed in via OAuth.
  10. Accuracy and compliance

  11. Try and keep all information your application displays up to date. If there's a delay associated with the information you're displaying, be honest and tell your users.
  12. You must ensure that any information your application sends us is accurate and that you have the right to send it to us and for us to use it. For example: any bids, questions or comments made on behalf of a member must have been authorised by that member.
  13. You and your application must comply with the law.
  14. You may not use data in a way that is illegal or misleading or that breaches any of Trade Me's terms and conditions or infringes others' rights, or that facilitates or assists members to breach any of Trade Me's terms and conditions or any law, or infringes others' rights.
  15. If you enable users to bid or buy, it may only be through their membership, and you agree to display all information available that is required by relevant laws - e.g. Fuelsaver information and Consumer Information Notices where available for cars.
  16. Privacy

  17. In dealing with your users' information, you agree to comply with the Privacy Act 1993, and your own privacy policy. If you do not publish a privacy policy, you agree to comply with ours.
  18. In handling any information you obtain about Trade Me members who are not your users, you agree to comply with our privacy policy.
  19. You may only use data that Trade Me makes available to you, to facilitate your members' use of Trade Me's services via your application.
  20. You agree to delete all personal information when it's no longer required for the legitimate purpose for which you obtained it.
  21. Trade Me content that a member makes publicly available should be deleted by you after it is no longer publicly available, and we reserve the right to require you to do so.
  22. You agree to only use the data we provide you to enable your application, and to delete it when no longer required for your application, or if we terminate this agreement.
  23. Play nicely

  24. Remember that you're writing software to interact with our production system. Please act responsibly and professionally, test your software, and don't do anything to put our system or members at risk.
  25. Without limiting clause 20, you agree not to:
    • surprise users by using their data in a way that they haven't given you permission to; 
    • spam Trade Me members; 
    • use API data to establish Trade Me member identities, profiles, or retrieve personal information, or enable others to do so; or
    • share API data, or facilitate anyone else's access to the API or Trade Me content anywhere other than through your application.
  26. Intellectual property

  27. Intellectual property retrieved through the API remains the property of Trade Me or our members, as the case may be. We ask you to respect that, and only use the information obtained through the API for purposes clearly authorised by us.
  28. You agree to comply with our guidelines on using our trade marks in applications. In particular, applications must not use "Trade Me" in their name, or use Trade Me trade marks in a way that suggests endorsement by Trade Me.
  29. You may not combine Trade Me content with content from other online marketplaces without our express permission.
  30. We reserve the right to develop and run an application similar to or in competition with yours.
  31. Updates to the API and these terms

  32. We will continue to update the API from time-to-time and may not notify you when we do. Although we'll do our best to avoid making 'breaking-changes', sometimes the changes we do make may result in you needing to make changes to your application at your own cost.
  33. We will continue to update these terms as our API evolves and developers come up with new ways to use it. When we do this, we will update the terms here in our help pages, and will make a site announcement directing you to the updated version. Your or your application's continued use of the API will constitute your acceptance of the updated terms.
  34. General

  35. We make absolutely no warranties about our API, the data we provide you, or their continued availability.
  36. Any and all liability and responsibility of Trade Me to you or any other person under these terms and conditions, or in connection with the API, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Trade Me's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
  37. You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your application, or any use of your application.
  38. Trade Me's website terms and conditions form part of these API terms and conditions and shall (with all necessary modifications) apply so far as is possible to these terms. In the event that there is any conflict between these terms and the Trade Me website terms, these terms shall prevail.
  39. These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

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