Advanced Air (UK) Limited Online Shop Application Programming Interface (API) License

Last updated September 2021

1. Introduction

Please read these Conditions of Use carefully before using the Application Programming Interface or accessing the Graphical User Interface.

In these conditions of use, ‘we’, ‘our’ and ‘us’ means Advanced Air (UK) Limited. We use ‘you’ and ‘your’ to refer to a:

- person

- other originating authority or other organisation who is using the application programming interface or accessing the graphical user interface

By accessing Advanced Air's online shop using the application programming interface or the graphical user interface, you agree to be bound by these conditions of use.

2. Definitions

Administrator

A role performed by an employee of Advanced Air, to provide and maintain user accounts.

Application programming interface (API)

Our application programming interface, linking you to our system via an internet connection, using token based authentication SSL (Secure Sockets Layer) protocol, to enable you to provide the service.

Authorised person

A person who has been authorised by you to use the service through your equipment.

Commencement date

The date on which a connection is established between your equipment and our system by means of the API/GUI.

Equipment

Your equipment and software which you are required to have to enable you to connect to our system using the API/GUI.

Graphical User Interface (GUI)

Advanced Air’s graphical user interface for ordering and maintaining orders. This is a custom user interface solution developed by Advanced Air.

Intellectual property rights

Patents, inventions, trademarks, service marks, logos, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, database rights, domain names, trade or business names, moral rights and other similar rights or obligations.

Permitted purpose

The use of the API and the GUI for the purpose of integrating your service with our system to enable the update and adding of orders to Advanced Air.

System

Advanced Air's computer systems and web infrastructure.

User ID

The unique usernames, passwords or other login details allocated to a user by or on behalf of Advanced Air to enable the you to access the system.

3. General Provisions

3.1 Access to the API and GUI

With effect from the Commencement Date, we will provide you with the access to the API/GUI to enable you to establish a connection between your equipment and our system. You will use the API/GUI solely for the permitted purpose and for no other purpose. The API/GUI is provided on an ‘as is’ basis and we do not warrant or represent that the API/GUI shall be:

- free of bugs or error

- uninterrupted, secure, timely or error-free

- compatible with third-party software or equipment

3.2 Meeting Advanced Air’s security requirements

You shall ensure that you have adequate and sufficient equipment with appropriate security controls, to enable you to establish the connection using the API/GUI. You are solely responsible for the development, operation, maintenance and support of your equipment. We shall have no obligations or liability in respect of any defect or failure of your equipment arising out of or in connection with your use of the API and GUI.

3.3 SSL authentication certificate requirements

You must comply, and continue to comply, with all the requirements for the issue of an SSL authentication certificate in respect of your connection to our system using the API/GUI.

3.4 Appointing a technical representative

You shall appoint a technical representative who shall be responsible for:

- all communications with Us concerning the use of the API/GUI

- ensuring that appropriate security procedures are in place to prevent unauthorised access to the API/GUI and our system

- recording and reporting security incidents to Us

- co-operating with Us to manage and investigate incidents and to undertake any emergency procedures as instructed by us

3.5 Restrictions of use

You shall not:

- use, or permit the use of, the API or GUI in any way that may adversely affect or corrupt the API/GUI or our system or data (including uploading any material that contains a virus or other malicious code) or which may cause the API/GUI or system to be interrupted, damaged or impaired in anyway

- use the API or GUI in any way which will result in you accessing or retrieving any data which you are not entitled to access

- use or permit the use of any automated software programme (such as (without limitation) a web crawler) through the API or GUI to access the service or to search, monitor or obtain links to any part of the system except where this is necessary in connection with the permitted purpose and has been agreed in advance with us

- use or permit the use of the API or GUI in any way which may infringe the intellectual property rights of Advanced Air or third parties or for any fraudulent or otherwise unlawful purpose

- make derivative works of, or commercially distribute or otherwise exploit the API or GUI

- decompile, observe, study or test the functioning of the API or GUI, or modify, add to or otherwise enhance the API or GUI, except with our express written agreement

- attempt to rectify or permit any person (not authorised by us) to rectify any fault or inaccuracy in the API or GUI

- use the API or GUI in a manner that inaccurately represents that you have an arrangement or official partnership with us in relation to the use of the API or GUI or your service

- use the API or GUI or permit it to be used by an authority who does not have a valid user ID

3.6 API token requirements

We provide a token to the authorised user to store on your computer system (the ‘token’). If an unauthorised person gains access to the token, it would make it easier for them to impersonate the authority. If you delete the token, you will be unable to authenticate, and access will be rejected.

You must comply with all the requirements for the issue of an API token about your use of the API. You should make sure appropriate measures are in place to protect your token such as disk encryption, access control or other suitable methods.

3.7 Monitoring and auditing

We shall have the right at any time to monitor or audit your use of the API/GUI to ensure that You are complying with the conditions of use. You shall not seek to block or otherwise interfere with such monitoring and any failure to reasonably comply with our auditing of your compliance shall be a material breach of these conditions of use.

3.8 Retaining records

You will retain full and accurate records in connection with any of your services requested through the API/GUI for a period of at least 7 years. You will permit us to access such records on demand that may be required by us for security or fraud investigation purposes.

3.9 Authorised person

You will make sure each authorised person:

- uses their individual User ID, where this has been allocated to them by the administrator

- has been properly trained to use the equipment to obtain the services

Where the role of an authorised person within your organisation changes, the administrator will:

- review that authorised person’s access rights to the API or GUI

- remove access to the API/GUI for that authorised person within that authority if required

- maintain a formal access control list for authorised persons within the authority

3.10 User ID restrictions

You will not allow:

- simultaneous access to the system using the same login

- the transfer or sharing of a user ID and password

- another person to access the services using a user ID of an authorised person who has left your organisation

3.11 Preventing unauthorised access

You will notify Advanced Air immediately if a user ID, token and/or password:

- becomes known or accessible to an unauthorised person

- is no longer to be used by the person to whom to which it was allocated

On becoming aware of any unauthorised use of or access to the system or use of the services or other breach, you will take reasonable steps to ensure that such use or activity ceases and prevent a recurrence of it.

If a User ID has not been used to gain access to the system for a period of 3 months, Advanced Air may cancel that user ID without giving prior notice to you.

4. Changes to the GUI, the API or other systems

We reserve the right to make changes, updates and modifications to the API and the GUI or other related systems at any time for any reason. You shall be responsible for reviewing and becoming familiar with any such changes and modifications.

5. Intellectual property rights

All intellectual property rights in and to the API and GUI shall vest and remain vested in Advanced Air (UK) Limited.

6. Data protection

You must ensure that your collection, use and disclosure of any personal data in connection with your use of the API/ GUI complies with all applicable data protection laws.

7. Security requirements

You agree to immediately notify Advanced Air if you become aware of any:

- unauthorised access to the API and/or GUI

- information relating to the violation of these conditions of use

You will use your best efforts to ascertain the source of any unauthorised access or use and will co-operate with Advanced Air to gather information about any potential violations of the terms.

8. Disclaimers and limitations of liability

Nothing in these conditions of use shall exclude or limit your or Advanced Air’s liability for fraud, or death or personal injury caused by negligence.

8.1 Cost of use

The API and GUI are being provided to you by Advanced Air free of charge. You accept that Advanced Air will have no liability arising from your (or your authority’s) access to or use of the API or the GUI (or Advanced Air’s termination or suspension of such access and/or use).

8.2 Conditions of use losses

Advanced Air will not be liable to you for any loss of profits, business, contracts, anticipated savings, goodwill, or revenue, any wasted expenditure, or any loss or corruption of data (regardless of whether any of these types of loss or damage are direct, indirect or consequential).

9. Disconnection and Suspension

Advanced Air may disconnect or temporarily suspend the API and/or GUI without notice in the event of:

- urgent essential maintenance or repairs being required to the API/GUI and/or Advanced Air’s system

- failure of the API/GUI and/or Advanced Air’s system

- fraud or suspected fraud requiring an investigation

9.1 Routine maintenance

Advanced Air may disconnect or temporarily suspend the API or GUI on reasonable notice to enable routine maintenance or any required changes or modifications.

9.2 Security

Advanced Air may disconnect or temporarily suspend the API, GUI or user IDs without notice if:

- there is a serious security breach which threatens the security and integrity of the API/GUI

- following an investigation, it transpires that You have used the API/GUI, or permitted the API/GUI to be used for fraudulent purposes

- your equipment has caused or contributed to, or in Advanced Air’s reasonable opinion is likely to cause or contribute to, any failures, interruptions, errors or defects in our system

10. Termination

We may terminate your access to the system for any reason by giving you not less than one weeks’ notice.

10.1 Breaching the conditions of use

We may terminate your access to the system if you are in material breach of your obligations under these conditions of use and you have failed to remedy the breach (if capable of remedy) within 30 days of receipt by you of a written notice from us specifying the breach and requesting that you remedy it.

10.2 Reasons for termination

We may terminate your access to the system immediately if:

- you pass a resolution for winding-up or dissolution (other than for the purpose of reorganisation or amalgamation)

- a court makes an administration order or a winding-up order

- you make a composition or arrangement with your creditors

- an administrator, administrative receiver, receiver or manager is appointed by a creditor or court

10.3 After termination of access

In the event of termination of your access to the system for any reason:

- you will disconnect your equipment from the API or GUI

- your user IDs and tokens will be suspended and/or cancelled

11. Notices

Any notice or other communication which is to be given by a party to the other under these conditions of use must be:

- given in writing

- sent by letter (delivered by hand, first class post or by recorded delivery or special delivery) or e-mail

Provided the relevant communication is not returned or rejected as undelivered, the notice or communication will be deemed to have been given:

- 2 working days after the day on which the letter was posted

- 4 working hours after the communication was sent, in the case of email

12. Dispute Resolution

The parties shall attempt in good faith to resolve any dispute between them arising out of or in connection with these conditions of use within 20 days of either party notifying the other of the dispute (or such other timescale as shall be agreed between the parties) and such efforts shall involve the escalation of the dispute to the parties’senior representatives.

13. Modifications

We are entitled to modify or add further conditions to these conditions of use at any time by posting the updated conditions of use on our website without prior separate notification to you. By using the API or accessing the GUI, you are agreeing to the updated conditions. If you do not agree to the updated conditions, you should not continue to use the API or access the GUI.

14. Governing law and jurisdiction

These conditions of use and any dispute or claim arising out of, or in connection with it or its subject matter, shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.

Subtotal

Total Items -