Terms & Conditions

Please read this webpage carefully before using this Website.

Use of the Relegen Website

The terms and conditions on this webpage (“Agreement”), are subject to change by us at any time without notice, and apply to your use of our website accessible at www.relegen.com.au and www.relegen.com (hereinafter “Website”, “our website”, “the website” or “this website”) for any purpose, including, without limitation, your use of this website to access and/or download and/or operate our software products.

This Website is owned and operated by Relegen Pty Ltd (ABN 75092239220) (hereinafter, “us”, we” or “Relegen”) and our address for service of all notices is 34/6 Jubilee Avenue, Warriewood, New South Wales 2102 Australia.

Conditions of Use

Acceptance and changes to terms and conditions of use

Each time you use this website or download materials from it, you confirm that you agree to be bound by this Agreement and any changes to this Agreement we may make from time to time. If you do not accept this Agreement wholly and unconditionally, you must refrain from using this website. You are entitled to seek independent legal advice before using this website. This Agreement must be read in conjunction with any other applicable terms and conditions we may publish from time to time governing the use of this website.

If you find yourself unable to agree to this Agreement for any reason, then you must not use this website for any purpose at all.

Any express statement of any our rights under this Agreement is without prejudice to any other of our rights expressly stated or implied in this Agreement or existing at law.

This Agreement may be revised at any time by us updating this webpage, and any such revisions will be effective as of the date such revision is published on this webpage. Your continued use of the Website after any such revisions will be considered acceptance of those revisions. This Agreement was last revised on 26 July 2010.

Interpretation

In this Agreement:

– Headings and underlinings are for convenience only and do not affect the interpretation of this Agreement;

– Reference to currency is to Australian dollars;

–  Reference to time is to Australian Eastern Standard Time;

– Provision of this Agreement will not be interpreted against a party just because that party prepared or was responsible for the preparation of the provision;

– A word or expression in the singular includes the plural, and the other way around;

– Words importing a gender include any gender;

Other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;

– Reference to a Statute includes an amendment or re-enactment to that legislation and includes subordinate legislation in force under it;

– Reference to a document includes an amendment or supplement to, or replacement or novation of, that document;

– Reference to a party to this or any other agreement includes that party’s successors and permitted assignees;

– Reference to an agreement other than this Agreement includes an undertaking, agreement or legally enforceable arrangement or understanding whether or not in writing;

– Reference to a recital, a clause, a Schedule or an Annexure is a reference to a recital, a clause, a Schedule or an Annexure to this Agreement;

– Reference to a clause includes a reference to a subclause; and

– Reference to a person or words denoting a person includes a company, statutory corporation, partnership, joint venture, association, board, government or semi-government agency or authority and that person’s successors and legal personal representatives.

Restrictions on use of the Relegen website

As a condition of your use of the Website, you agree to abide by all applicable laws and regulations, and to conduct yourself in accordance with this Agreement, and all and any reasonable directions of Relegen.
Our website may not be used in any manner that is illegal, discriminatory, abusive, insulting, threatening, obscene, harassing, racist, or otherwise inappropriate and your commission, or authorising, aiding, abetting, encouraging or inciting any person to do or attempt to use our website in any such manner (including, but not limited to, by any one or more of the following acts) is strictly prohibited:-

a. Violation of all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited (including, but not limited to, laws relating to crimes such as theft and fraud, and laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy) and whether such violation is by way of the installation or distribution of “pirated” software or otherwise;

b. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of books or other copyrighted sources, copyrighted music or video and the installation of any copyrighted software for which you do not have an active license is strictly prohibited;

c. Exporting software, technical information, encryption software or technology, in violation of domestic export control laws, is strictly prohibited;

d. Introduction of malicious programs onto our webservers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited;

e. Revealing your account password to others or allowing use of your membership account on our website by others is strictly prohibited;

f. Using another person’s name, username or password or otherwise attempting to gain access to the membership account of any other person is strictly prohibited;

g. Using the services to actively engage in procuring or transmitting material that is in violation of sexual harassment or workplace relations laws is strictly prohibited;

h. Making fraudulent offers of goods or services is strictly prohibited;

i. Effecting security breaches or disruptions of network communication is strictly prohibited. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data. For the purposes of this paragraph, “disruption” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;

j. Executing any form of network monitoring which will intercept data not intended for you is strictly prohibited;

k. Circumventing user authentication or security of our website, or our network or any member account of our website is strictly prohibited;

l. Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any persons’ access to our website, via any means, locally or via the Internet, is strictly prohibited;

m. Sending unsolicited email messages in breach of the Spam Act 2003 is strictly prohibited;

n. Any form of harassment via email, or any other form of harassing or spam messaging, whether through language, frequency, or size of messages is strictly prohibited;

o. Unauthorized use, or forging, of email header information is strictly prohibited;

p. Solicitation of email for any email address, with the intent to harass or to collect replies is strictly prohibited;

q. Creating or forwarding “chain letters”, “Ponzi” or other “pyramid” schemes of any type is strictly prohibited;

r. Use of the Services in breach of any persons privacy (such as by way of identity theft or “phishing”) is strictly prohibited.

Online Software Trial Service

Provided that you agree unconditionally to this Agreement, you may register for a trial version of software from this website. On completing the registration form you will be contacted by a sales representative to receive an electronic mail with a link to the software and insutuctions for use.

You warrant that all information you provide to us, including without limitation, the information you enter on an order form, is accurate in all respects.

We reserve the right not to process your registration and accordingly, we will notify you immediately by electronic mail if this is the case.

Please note our software licence agreement does not include any obligation on us to provide any training, support, requirements analysis, dataset development, implementation or installation services, software testing or other professional services. If you require any such services, please contact us and we will be happy to provide you with a quote for such services.

Copyright

Copyright in this website (including without limitation text, graphics, logos, icons, sound recordings, source code and object code and all software and photographs) is owned or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by this Agreement, you may not in any form or by any means:

a. Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website;

b. Commercialise any information, products or services obtained from any part of this website,

without our prior written permission.

You acknowledge that the ownership in all and any intellectual property rights in this website belongs to us or third parties, subject to and except as expressly authorised by this Agreement. Accordingly, any part of this website (and its source and object code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this website as reasonably contemplated by this Agreement.

Disclaimer and Limitation of Liability

General

No part of this Agreement excludes, restricts or modifies any condition or warranty implied into this Agreement or any liability imposed by any applicable law (including the Trade Practices Act 1974 (Cth)) if to do so would contravene such law or make any part of this Agreement void.

Exclusion and limitation

To the extent permitted by law, all conditions, warranties and other terms implied by statute, custom or the common law are excluded from this Agreement. If any statute implies terms into this Agreement which cannot be lawfully excluded, then those terms and conditions will apply and, to the extent permitted by law, the liability of Relegen for the breach of any such term will be limited, at the option of Relegen, to:

a. In the case of services, the resupply of, or payment of the cost of resupplying, the service; and

b. In the case of goods, any one or more of the following: i.the replacement of the goods or the supply of equivalent goods; or

ii. The repair of the goods; or

iii. The payment of the cost of replacing the goods or of acquiring equivalent goods; or

iv. The payment of the cost of having the goods repaired.

In no circumstances will Relegen, its subsidiaries, affiliates, or any party involved in creating, producing, or delivering this Website be liable to you or to any entity for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered in connection with the use of, or the inability to use, the content, materials and functions on this Website or any linked Website, even if Relegen or a Relegen authorised representative has been expressly advised of the possibility of such damage.

Relegen excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any incidental, consequential, special, or punitive damage (including, without limitation, any loss of profits, loss of opportunity, loss of revenue, loss of anticipated savings, business interruption, loss of information or programs or other data on your information handling system) resulting from the use of, or the inability to use, the content, materials and functions on this Website or any linked Website, even if Relegen or a Relegen authorised representative has been expressly advised of the possibility of such damage.

Damage and viruses

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to risk of viruses or other form of interference which may damage your computer system. For the removal of doubt, Relegen does not accept responsibility for any interference or damage to your computer system which arises in connection with your accessing this website or any linked website.

Errors

Relegen does not warrant that the functions contained in the Website materials will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components.

Relegen does not warrant or make any representations regarding the use or the results of the use of the materials on this Website in terms of their correctness, accuracy, reliability, or otherwise. Relegen does not warrant the reliability of any advice, opinion, statement or other information displayed on this Website. The information and descriptions contained on this Website are not intended to be complete descriptions of all terms, exclusions and conditions applicable to Relegen’s products and services, but are provided solely for general informational purposes. Relegen reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Relegen neither warrants nor represents that your use of materials displayed on this Website will not infringe any rights of third parties not owned by or affiliated with Relegen.

Indemnity

You shall at all times indemnify and hold harmless us and our officers, employees and agents (“those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by:

a. A breach by you of your obligations under this Agreement;

b. Any loss or damage incurred by any person or entity directly or indirectly connected with your use of the website; or

c. Any wilful, unlawful or negligent act or omission by you.

Third Party Websites

This Website may be linked to other websites that are not maintained by Relegen. Relegen is not responsible for the content of those websites. If you use these websites, you will leave this Website. If you do decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The inclusion of any link to such websites does not imply approval or endorsement by Relegen of such websites or the content thereof.

You may not link to this website from any other website without our prior written consent.

Miscellaneous

Trademarks and Copyright

Relegen, assetDNA, riskDNA, RelegenDNA mobile and other Relegen graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Relegen in Australia and other countries.

Relegen’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

Nothing contained on this Website should be construed as granting, whether by implication, estoppel, or otherwise, any licence or right to use any trade mark displayed on this Website without the prior written permission of Relegen or such third party that may own the trademarks displayed on this Website. Your use of the trademarks displayed on this Website, or any other content on this Website, except as provided herein, is strictly prohibited.

Images displayed on this Website are either the property of, or used with permission by, Relegen. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Governing law

This Website is controlled, operated and administered by Relegen from its offices in Australia. Relegen makes no representation that materials on this Website are appropriate or available for use at other locations outside of Australia and access to them from territories where their contents are illegal is prohibited. If you access this Website from a location outside of Australia, you are responsible for compliance with all applicable laws in your jurisdiction. This Agreement shall be governed by the laws of the State of New South Wales, Australia. You agree that the appropriate state or federal court in New South Wales will have the exclusive jurisdiction to resolve all disputes arising from this Website or this Agreement, and you consent to personal jurisdiction in such forum.

Force Majeure

We may suspend our obligations to perform this Agreement if we are unable to perform as a direct result of a force majeure event. A force majeure event includes, but is not limited to any war, riot, strike, natural or man-made disaster, technical malfunction, hardware defect, hardware configuration, or other circumstance of a similar nature. Any such suspension of performance must be limited to the period during which the force majeure event continues.

Where our obligations have been suspended as a result of a force majeure event for a period of 30 days or more, we may immediately terminate this Agreement by giving notice in writing to you.

Entire agreement and severance

This Agreement constitutes the entire agreement between Relegen and you with respect to your use of this Website. Part or all of any provision in this Agreement that is illegal or unenforceable, will be severed from this Agreement and the remaining provisions will continue in force and effect and be enforced to the maximum extent permissible.

Assignment

You may not assign or novate your rights or obligations under this Agreement.

Termination

We may terminate this Agreement:

a. If you breach this Agreement and fail to remedy the breach within 7 days of notice of the breach; or

b. At any time for any other reason without notice.