The information contained in this website is for general information purposes only. The information is provided by Relian BV, and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.
Through this website you are able to link to other websites which are not under the control of Relian BV. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Relian BV takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control or during maintanance.
1. Definitions and Interpretation
“Content” means all visual, written or audible data, information or material including any hyperlink, text, image, logo, word, sound avatar, document, spreadsheet, text message, form entry, web page, and any other file or data or any similar material, including each of the foregoing that is uploaded to, transferred through, publicly posted, processed or entered into the Services by You;
“Data” means information and data about users or usage of the Relian service;
“Intellectual Property Rights” means any copyright, database right, design right, trade mark, service mark, patent, rights in invention, domain name, confidential information, know-how, business name, trade name, get-up, trade dress, right to sue for passing off or for unfair competition, and any other intellectual property rights whether applied for, registered or unregistered and all extensions, renewals and revivals thereof and existing anywhere in the world;
“Website” means Websites at http:// www.relian.com and any other associated Relian domains.
1.2.1 Any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others;
1.2.2 References to any legislation, statute or statutory provisions includes a reference to those provisions as amended or re enacted or as their application is modified by other provisions from time to time and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision;
1.2.3 Any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and
1.2.4 References to the singular include the plural and in each case vice versa.
2. Acceptance of Terms
3. Provision of Services and Website
3.4 The Website and Services provided by Us to You, any copies thereof made by You are and shall remain Our exclusive property.
4. Services and Access to Services
4.1 We reserve the right to effect modifications to the design, operational method, technical specifications, systems, and other functions of the Services, at any time without prior notice.
4.2 The Services are normally available over the Internet on a 24×7 basis. We shall be entitled to take measures that affect the aforementioned accessibility where We deem such measures to be necessary for technical, maintenance, operational, or security reasons. You acknowledge that Your access to the Internet cannot be guaranteed and that We shall not be liable for deficiencies in Your own Internet connections or equipment.
4.4 The Services may contain links to third party websites or software that are not owned or controlled by Us. We will not and cannot censor or edit or control the content of any thirdparty site. We are not liable for any losses incurred by You during the use of any third party websites or software.
5. Your Obligations
5.1 You shall comply with the security and administrative regulations as notified by Us in conjunction with registration, by email or in any other manner from time to time.
5.2 You undertake, in conjunction with registration, to provide correct information regarding Your identity and a correct and legitimate email address.
5.3 You shall be responsible for the activities conducted through Your use of the Services and shall ensure compliance with national laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by You shall be Your sole responsibility.
5.4 You are responsible for monitoring Your Account and shall be liable to Us for ensuring that Content transferred to or handled within the Services which is processed by You and/or individuals invited by You to do so does not: (i) infringe any third party rights; (ii) violate any applicable law or regulation; (iii) harm the reputation of a third party; (iv) constitute a dissemination of a business secret or confidential information; (v) incite a third party to commit or participate in a crime; (vi) constitute a threat, abuse or harassment, and that You possess such necessary licences from third parties as may be required in order to process the Content and use the Services. You hereby INDEMNIFY Us and keep Us INDEMNIFIED against any and all claims, damages, loss, expenses, costs and disbursements suffered by Us as a result of a breach by You (or one of Your personnel) of this clause 5.
5.5 You are not permitted use the Services in order to gain material in violation of law, regulation or material which in any manner contravenes generally accepted practices.
5.6 You shall not attempt to obtain or compile Data about other user’s usage of the Services, invade the privacy of others, misuse the personal data of others, or otherwise incite a person, persons or body corporate to carry out such acts and You shall not make available libellous, defamatory, abusive, derogatory, inflammatory or obscene Content.
5.8 You agree not to use or launch any automated system, including “robots”, “spiders” or “offline readers” that access the Services in a manner that sends more request messages to Our servers in a given period of time than a single human can reasonably produce in the same period by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, including names, from the Services and not to use the Services to contact users other than those in your workspace and who are personally known to you.
5.9 In relation to individual users, You agree that in using the Services You will provide a specific named email address for your account that is Your personal, business or company address and is not an email address shared or associated with multiple users or group of people. You agree that only You will access Your account using this email address and that You shall not provide your personal login details to any other person. You agree to only register one email address on the Website and not to have multiple email addresses or accounts registered at any one time.
6. Server Terms
You are granted a limited, non-sublicensable right to access the Relian server, the Services and Data for the purpose of enabling you to access the Relian services via 3rd party software or website. Any use of the server, including use of the server through a third-party software or website that accesses the Services, is bound by the terms of this agreement plus the following specific terms:
6.1 You agree that You are solely responsible for (and that We have no responsibility to You or to any third party for) any services and/or products You provide through any 3rd party software.
6.2 You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We has been advised of the possibility of such damages), resulting from your use of the server or thirdparty products that access data via the server.
6.3 You will not collect any user’s personal information or data in a misleading, illegal, unauthorised or unfair way. Without limiting the generality of the foregoing, You will never collect, store or record passwords used by users to log-in to the Services. If users need a separate password to use your software You will either (i) automatically generate a unique password and securely communicate it to the user or (ii) not permit users to use a password that is the same as the user’s Relian Password. You agree that any 3rd party software shall be provided by You in compliance with all applicable laws and regulations (including without limitation those relating to the protection of privacy and the processing of personal data or traffic data).
6.4 You will not use the server to create software that sends unsolicited communications (whether commercial or otherwise) to any third party.
6.5 We reserve the right at any time to modify or discontinue, temporarily or permanently the server (or any part thereof) with or without notice.
6.6 Abuse or excessively frequent requests to the Services via the server may result in the temporary or permanent suspension of your account’s access to the server. We, in our sole discretion, will determine abuse or excessive usage of the server.
6.7 We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the server (or any part thereof) with or without notice.
6.8 We retain the right to the Services, including the server. In no way will you pass off, market or otherwise make representations that the Relian brand, Services or Website is owned or otherwise connected with You. You shall not have any rights to use Relian trademarks or logos, save for a limited right to display the “Powered by Relian” button on main screen of the software or website that uses the Relian server, as can be seen on the Relian website and Services. This button must be in the form of a URL that links directly back to http://www.Relian.com:
6.9 Where you are providing access to the Services to users free of charge, Relian reserves the right to limit your access to the server or the number of calls your software can otherwise make to it.
6.10 Where you are providing commercial access to the Services or otherwise charging users to access Relian, We reserve the right to collect the revenues generated by You through access to the server.
7. Notification of Unauthorised Acts
7.2 In the event that You notify Us in accordance with clause 6.1 above, You shall co-operate fully with Us by providing Us with all information that is reasonably requested by Us from You.
8. Proprietary Rights in Content
8.1 Under no circumstances shall You or a third party acquire any Intellectual Property Rights to the Services.
9. Warranties and Disclaimers
9.1 We warrant that We shall use reasonable endeavours to ensure that the Services We provide accord with the description of such Services set out on the Website.
9.2 Subject to clause 8.1, the Services, Data and the Website are provided to You “as is” and “as available” and could contain defects, faults, mistakes and other deficiencies. We do not guarantee or warrant that the Service and/or the Website will be uninterrupted, error-free or will operate at any particular speed or frequency.
9.4 We neither endorse nor are We responsible for the accuracy, reliability or veracity of any opinion, advice, or statement provided by another user and We are further not responsible and nor shall You deem Us to be responsible for any defamatory, obscene, abusive, racist, sexist, or other derogatory Content even where such Content is in breach of any rule imposed by Us. We shall not be liable for any loss suffered by You in reliance on any statement, opinion or advice received from the Service and it is entirely incumbent on You to verify the accuracy of such opinion, advice or statement offered or other Content through the Service prior to Your reliance upon it. Wherever possible You ought to obtain the advice of a recognised professional in the relevant field in which the opinion, advice or statement is offered.
10. Limitation of Liability and Risk
13. Entire Agreement
14. Force Majeure
14.2 Any costs arising from such delay shall be borne by the party incurring the same.
18. Proper Law and Jurisdiction