Terms and Conditions

Terms and Conditions

Acceptance

By using the Hosted Pact Broker website, you must read, understand and agree to our terms of use.

Privacy

You agree that we may collect, use and disclose information you provide to us in accordance with our Privacy Policy.

You agree to allow us to display your organisation's name and logo on our websites, including but not limited to pact.io, docs.pact.io and pact.dius.com.au for marketing purposes.

Varying These Terms

We may vary these terms and conditions at any time. We will notify you if any alterations are made. It is your responsibility to review any alterations to our terms and conditions. If you do not agree to any amendments you must discontinue your use of our services.

Permitted Use of the Hosted Pact Broker service

Hosted Pact Broker is a tool to assist in testing the integration of online services, including user and system interfaces to manage this process.

Conduct prohibited

The following use of the Hosted Pact Broker website is expressly prohibited:

  1. attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Site;
  2. use the Site for any purpose that is unlawful or prohibited by these Terms of Use, including without limitation the posting or transmitting any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
  3. mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
  4. take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques;
  5. conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;
  6. transfer content which contravenes a confidentiality or non disclosure agreement, insider trading laws, intellectual property rights or which you are not authorised to transfer to another party;
  7. publish advertising material of any kind or market any goods or services directly to other users;
  8. introduce any virus, worm, Trojan horse, malicious code or other program which may damage computers or other computer based equipment to the Site or to other users;
  9. stalk or harass anyone;
  10. attempt to disrupt or interfere with the delivery of the Hosted Pact Broker service or the services of our partners and clients;
  11. use the details of other users for anything other than the use expressly permitted by those users;
  12. sell, redistribute or use information contained on the Hosted Pact Broker Site for a commercial purpose without Hosted Pact Broker's prior written consent;
  13. Crawling or Spider-ing of Hosted Pact Broker content is prohibited as is framing or providing unauthorised interfaces to Hosted Pact Broker applications.

Fees

Not all users of the Hosted Pact Broker service incur fees. All fees are subject to change at any time.

Software

The software is owned and controlled by us or our licensors. We grant you a personal, non-transferable and non-exclusive licence to use the software solely for the purpose of using the Hosted Pact Broker services, subject to these Terms of Use. We may terminate the licence at any time without cause or notice to you.

Suspension and termination of accounts

We may terminate an account, delete an account or suspend an account, at any time at our utmost discretion with or without cause. Your account will be suspended if it becomes apparent you have breached these terms and conditions, used more than one account, or failed to access your account for an extended period. If we suspend your access to the Hosted Pact Broker service we are not liable for any loss or damage suffered by you or any other party.

Client Information

You warrant that the information you provide us does not violate any laws and does not violate the rights of any other person. We are not liable for any errors or emissions made on your behalf. We made edit, change or delete any information you provide to us. We make no representation nor give any guarantee regarding -

  1. the identity of any other user of the Hosted Pact Broker service; or
  2. the authenticity of any data provided by users.

Exclusion of Warranties

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT DIUS'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".

In Particular, Hosted Pact Broker does not warrant or represent to you that:

  1. Our services will be uninterrupted, secure, timely or free of error,
  2. Any information you obtain via our service will be accurate or reliable,
  3. Defects in operation or functionality of any software to provide to you will be corrected, and
  4. Our services will meet your requirements.

Any Material or information obtained through our services is done at your own risk and discretion and you are entirely responsible for any damage to your computer, servers or other device or loss of data which results. No advice or information, oral or written, obtained by you from Hosted Pact Broker or through use of our services shall create any warranty not expressly stated in these terms.

Limitation of Liability

To the extent permitted by law, you expressly understand Hosted Pact Broker shall not be liable to you for:

  1. Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not to be limited to, any loss of profit, direct or indirect, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute services , or other intangible loss;
  2. Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
  3. Reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on our services;
  4. Any Changes which we make to our services, or for any permanent or temporary cessation in the provision of the services;
  5. The deletion, corruption or failure to store of any content or other data transmitted through our services
  6. Your failure to provide us with accurate account information.
  7. Your failure to keep your password or account details secure and confidential

Entire agreement

This document constitutes the entire agreement between you and us.

Governing law

The law of the State of Victoria governs these Terms of Use. Each party submits to the non-exclusive jurisdiction of the courts in the State of Victoria, Australia.