Last modified: February 21, 2021
Thank you for using EBC’s APIs, other developer services, and associated software (collectively, “APIs”). By accessing or using our APIs, you are agreeing to the terms below. If there is a conflict between these terms and additional terms applicable to a given API, the additional terms will control for that conflict. Collectively, we refer to the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the “Terms.” You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully. If you use the APIs as an interface to, or in conjunction with other EBC products or services, then the terms for those other products or services also apply.
Under the Terms, “EBC” means the Electoral & Boundaries Commission and Barbados Electoral Department which collectively consist of the chair persons of the EBC board, management and staff of the EBC, with head office at Warrens Towers II, Warrens, St. Michael, Barbados, unless set forth otherwise in additional terms applicable for a given API. We may refer to “EBC” as “we”, “our”, or “us” in the Terms.
Terms and Definitions
- “API Limits” means restrictions (e.g., rate limits and concurrency limits) to Your API calls.
- “Application Programming Interface” or “API” means a collection of routines, classes, function parameters, protocols, webhooks, related libraries and other instructions provided in Source Code or Object Code form.
- “Feedback” means suggestions or comments provided by You to Us that are related to our APIs.
- “Object Code” means computer code which has been been interpreted or compiled.
- “Software” or “Application” means software authored by You in Source Code or Object Code form that accesses or otherwise interoperates with our APIs.
- “Source Code” means computer code in a human readable form and as such computer code that has not been interpreted or compiled.
- We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our APIs. We’ll post notice of modifications to the Terms within the documentation of each applicable API, to this website, and/or in the EBC developers portal. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. Changes addressing new functions for an API, changes made due, to emergency situations beyond our reasonable control e.g. loss of connectivety to our primary data center or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.
- The EBC is governed by several constituions and legislations namely the Representation of the People Act of Barbados and the Barbados Identity Management Act. According to these acts the EBC is the state sponsored authority for identity management and address verification. Be advised that the enforcement of address verification by law was/ will be implemented on Apr 1st 2022. The EBC therefore does not guarantee the accuracy or quality of address data returned via the APIs which was captured prior to this enforcement.
- We each agree to contract in the English language. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party’s ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. Delayed legal action on non-compliance by the EBC does not constitute a grant of permission or forfeiture of rights and/or ownership by EBC neither negates future action. The Terms are the entire agreement between you and teh EBC relating to its subject/ content and supersede any prior or contemporaneous agreements on that subject.
- ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS WILL BE LITIGATED EXCLUSIVELY IN THE HIGH COURTS OF BARBADOS, AND YOU AND THE EBC CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
Account and Registration
- By accepting the terms you represent and warrant that you are 18 years or older and you are of sound mind
- If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity)
- Any registration information you give to the EBC will always be accurate and up to date and you’ll inform us wihtin 30 days of any updates or changes to that information
- You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third party rights
- You will only access (or attempt to access) an API by the means described in the documentation of that API. If the EBC assigns you developer credentials (e.g. authentication key), you must use them with the applicable APIs. You will not misrepresent your identity or your API Client’s identity when using the APIs or developer accounts
- The EBC sets and enforces limits on your use of the APIs (e.g. limiting the number of API requests that you may make in a given period), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API or as identified in the developers portal. If you would like to use any API beyond these limits, you must obtain the EBC’s express consent (and the EBC may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use)
- If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without obligation to you
- To the extent required by data protection laws applicable to the parties’ processing of personal data under these Terms, the parties agree to the Barbados Data Privacy Act
- YOU AGREE THAT THE EBC MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include the EBC using your API Client, for example to identify security issues that could affect the EBC or its users. The EBC may suspend access to the APIs by you or your API Client without notice if we reasonably believe that you are in violation of the Terms
User Data Policy
- If you wish to access the EBC registrant data you must provide the EBC as well as your application users with clear and accurate information regarding your use of our API Services. This includes, without limitation, requirements to accurately represent:
- Who is requesting the EBC registrant data? All permission requests must accurately represent the identity of the application that seeks access to user data.
- Why are you requesting the EBC data? Be honest and transparent with users when you explain the purpose for which your application requests registrant data. If your application requests data for one reason but the data will also be utilized for a secondary purpose, you must notify your users of both use cases. As a general matter, users should be able to readily understand the value of providing the data that your application requests, as well as the consequences of sharing that data with your application
- Only request access to the minimal necessary to implement existing features or services in your application, and limit access to the minimum amount of data needed
- If your application is targeted towards or can be accessed by children under the age of 16, the appropriate consent should be sought by the legal guardian of the minor.
- Your application should not directly provide claims to identity e.g. the ability to create accounts or “sign in” services for children under the age of 13
- When using the APIs, you may not (or allow those acting on your behalf to):
- Sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.
- Perform an action with the intent of introducing to the EBC services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
- Defame, abuse, harass, stalk, profile, disenfranchise, or threaten others.
- Interfere with or disrupt the APIs or the servers or networks providing the APIs.
- Reverse engineer or attempt to extract the source code from any API or any related software, except where the EBC has entered into agreement with you to audit or assess the security of its services. In such cases the EBC will indictae this in writing and with a separate agreement
- Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, financial fraud, environmental damage or restricition and/or removal of fundamental human rights
- Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects
- Some of our APIs allow the submission of data. Before you submit data to our APIs through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to submit the data
- When a registrant’s data is obtained through the APIs, you may not expose that content to other entities without explicit opt-in consent from that registrant
- You may stop using our APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide the EBC with prior written notice and upon termination, cease your use of the applicable APIs and remove any reference to the EBC from you application or API client
- The EBC reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you
- EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, THE EBC DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE APIS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE APIS, THE SPECIFIC FUNCTIONS OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APIS “AS IS”
- WHEN PERMITTED BY LAW, THE EBC WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
- Unless prohibited by applicable law, if you are a business, you will defend and indemnify the EBC against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
- your misuse or your end user’s misuse of the APIs;
- your violation or your end user’s violation of the Terms; or
- any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.