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The information contained in this website is for general information purposes only. The
information is provided by Relian BV, and whilst we endeavor 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 maintenance.
By creating a user account you agree to be bound by the following terms and conditions (“Terms
& Conditions” or “Terms” as the case may be). Please ensure that you read them before using
Relian.
In these Terms & Conditions the following abbreviations, words and phrases shall have the
following meaning, unless the context requires otherwise:
“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;
“Services” means the provision of the Website and other web services, all Your Workspaces,
associated software, and other services related thereto provided to You by Us in accordance
with these Terms of Use and with the characteristics and features as described at
www.relian.com from time to time;
“Website” means Websites at http:// www.relian.com and any other associated Relian domains.
In these Terms & Conditions, unless the context requires otherwise:
Any reference to a “person” includes any individual, company, corporation, firm
partnership, joint venture, association, organization 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;
References to any legislation, statute or statutory provisions includes a reference to those
provisions as amended or reenacted 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;
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
References to the singular include the plural and in each case vice versa.
The headings and sub headings in these Terms & Conditions are inserted for convenience
only and shall not affect the meaning of these Terms.
If You are agreeing to these Terms & Conditions on behalf of other individual users under
your control, You shall procure that such other individuals comply with these Terms and You
shall be responsible and liable where such other individual users breach these Terms &
Conditions.
By clicking the box “I accept the terms”, or by installing, copying or otherwise using the
Services, You agree to be bound by the Terms & Conditions. If You do not agree to be bound by
any term or condition contained in these Terms, You may not download, order, install, use, or
operate the Website or use the Services. If You do not wish to proceed, do not use the Services
or the Website. If You proceed to use the Services or the Website and You do not accept the
Terms & Conditions You will be infringing Our Intellectual Property Rights and We reserve the
right to take legal proceedings against You for such infringement.
Subject to these Terms, We will provide the Services to You and allow You to access and use
the Services solely for the purpose of scanning client lists against publicly available sanction lists
and other information sources in the public domain.
Except as otherwise provided in these Terms & Conditions, You are not given any right, title
or interest in or to the Website or the Services, and We expressly reserve all such rights, titles
and interests.
The Services will be supplied to You provided that You comply with these and such other
rules as, following written notice to You, We may impose from time to time upon use of the
Services and of the Website.
The Website and Services provided by Us to You, any copies thereof made by You are and
shall remain Our exclusive property.
You shall not do any of the following acts, and any breach of this provision will entitle Us to
terminate these Terms of Use immediately, without prejudice to any other rights or remedies
We may have against You:
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.
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.
In the event You create a user account using an email address belonging to your employer,
such user account may be from time to time or may later become subject to the Terms &
Conditions which Your employer enters into. You are aware of and acknowledge that in such
circumstances Your employer may impose access restrictions on Your access to the Services.
We will not be liable to You for such lack or curtailment of access.
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 third-party
site. We are not liable for any losses incurred by You during the use of any third party websites
or software.
Each time that You use or access the Service, the Website or any part thereof, You are
deemed to re-affirm Your acceptance of the then current version of these Terms.
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.
You undertake, in conjunction with registration, to provide correct information regarding
Your identity and a correct and legitimate email address.
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.
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 licenses 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.
You are not permitted to use the Services in order to gain material in violation of law,
regulation or material which in any manner contravenes generally accepted practices.
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 libelous,
defamatory, abusive, derogatory, inflammatory or obscene Content.
You undertake not to provide access to the Services to anyone else than individuals who
have completed the registration form and thereby agreed to the Terms & Conditions.
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.
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.
You agree to pay all fees, usage or subscription costs stated on the Website and incurred
through Your use of the Services. In addition to any legal or other measures we may take to
recover any monies due to Us, You agree that We may terminate Your access to the Services
and these Terms of Use with immediate effect should there be any unpaid fees, usage or
subscription costs by You to Us, including monthly or annual subscription fees or other recurring
or ad-hoc fees.
You are granted a limited, non-sub licensable 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:
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.
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 third-party products
that access data via the server.
You will not collect any user’s personal information or data in a misleading, illegal,
unauthorized 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).
You will not use the server to create software that sends unsolicited communications
(whether commercial or otherwise) to any third party.
We reserve the right at any time to modify or discontinue, temporarily or permanently the
server (or any part thereof) with or without notice.
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.
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.
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:
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.
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.
You are obligated to notify Us in writing regarding any actual or perceived breach of these
Terms & Conditions.
In the event that You notify Us in accordance with clause 7.1 above, You shall co-operate
fully with Us by providing Us with all information that is reasonably requested by Us from You.
Under no circumstances shall You or a third party acquire any Intellectual Property Rights to
the Services.
All Content uploaded to, transferred through, publicly posted, processed or entered into the
Services by You shall remain Your sole property or that of its respective legal owner. We shall
have no liability for such Content. By uploading Content You warrant that You have obtained all
necessary licenses, permissions, consents and agreements necessary for the lawful use of such
Content by Us and by third parties in accordance with these Terms & Conditions and in order for
Us to provide the Services and further You hereby fully INDEMNIFY Us and keep Us fully
indemnified in relation to 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 the obligations set out
in this clause 8.2.
We warrant that We shall use reasonable endeavors to ensure that the Services We provide
accord with the description of such Services set out on the Website.
Subject to clause 9.1, 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.
We are under no obligation to provide You with any technical support under these Terms
and other than any end-user support agreed in writing between You and Us, and We provide
You with no assurance that any specific errors, software bugs, problems, discrepancies or other
matters raised by You will be corrected.
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 recognized professional in the
relevant field in which the opinion, advice or statement is offered.
The exclusions and limitations on Our liability for the performance of the Services and
under these Terms do not apply in the case of: (i) the tort of deceit or fraud; (ii) death or personal
injury caused by negligence; (iii) any liability to the extent that the same may not be excluded or
limited as a matter of applicable law.
Subject to clause 10.1, We will not be liable, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, under or in connection with these Terms for
any indirect, consequential or special loss or damage even if such Party has been advised of the
possibility of such loss or damage, or for any loss of profits, loss of sales, loss of business or
agreements, loss of goodwill, loss of or wasted management of staff time, loss of use or
corruption of software, loss or corruption of data or loss of anticipated savings.
Subject to clause 10.1, Our total maximum liability to You for all claims, actions,
proceedings, losses, liabilities or costs (including legal expenses) sustained, incurred or suffered
by You arising under or in connection with these Terms, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, shall be limited for all such claims in
aggregate to an amount equal to one hundred per cent (100%) of the total fees paid by You to
Us under these Terms & Conditions in the successive twelve (12) month period prior to the most
recent claim.
We may terminate these Terms & Conditions forthwith on giving notice in writing to You if
You commit any material breach of any term of these Terms and, in the case of a breach capable
of being remedied, You have failed, within 30 days after the receipt of a request in writing from
Us to do so, to remedy the breach. This is without prejudice to Our right to terminate these
Terms & Conditions immediately where this is expressly provided. We shall be able to terminate
these Terms and Your use of the Service and Website on 30 days’ notice at any time and in such
circumstances We shall refund to You any fees You have paid in advance for Services You have
not received from Us.
In the case of annual contracts you may terminate these Terms & Conditions forthwith
without giving notice if We commit any material breach of any term of these Terms and, in the
case of a breach capable of being remedied, We have failed, within 30 days after the receipt of a
request in writing from You to do so, to remedy the breach. Annual subscriptions shall
automatically renew at the end of each 12 month period for a further 12 months, unless you
cancel your subscription with a 3 months’ notice period.
Save as expressly provided in this clause 11 or elsewhere in these Terms & Conditions these
Terms may not be terminated.
Forthwith upon termination of these Terms, You shall cease all use of the Website and
Services and all Content, and We shall cease to have any obligation or responsibility with
respect to the Content.
Any termination of these Terms & Conditions (howsoever occasioned) shall not affect any
accrued rights or liabilities of either party nor shall it affect the coming into force or the
continuance in force of any provision in these Terms which is expressly or by implication
intended to come into or continue in force on or after such termination.
Neither these Terms & Conditions nor any rights, licenses or obligations under it, may be
assigned by You. We may assign these Terms or any rights or obligations under it in Our sole
discretion.
These Terms & Conditions supersede all prior agreements, arrangements and undertakings
between the Parties and constitutes the entire agreement between the Parties relating to the
subject matter of these Terms. However, the obligations of the Parties under any pre-existing
non-disclosure agreement shall remain in full force and effect in so far as there is no conflict
between the same. The Parties confirm that they have not entered into these Terms on the
basis of any representation that is not expressly incorporated into these Terms & Conditions.
Neither Party shall have any liability under or be deemed to be in breach of these Terms &
Conditions for any delays or failures in performance of these Terms which result from
circumstances beyond the reasonable control of that party. If such circumstances continue for a
continuous period of more than 2 weeks, either party may terminate these Terms by written
notice to the other party.
Any costs arising from such delay shall be borne by the party incurring the same.
Any notice to be given under these Terms shall be via the email address You give to Us or such
other working email address for You as You may notify to Us. Any notice given by You to Us
shall be to contact@relian.com or such other email address of which We notify You of from
time to time.
If any provision of these Terms & Conditions is prohibited by law or judged by a Court to be
unlawful, void or unenforceable, the provision shall, to the extent required, be severed from
these Terms and rendered ineffective as far as possible without modifying the remaining
provisions of these Terms & Conditions, and shall not in any way affect any other circumstances
of or the validity or enforcement of these Terms.
No delay, neglect or forbearance on Our part in enforcing against You any term or condition of
these Terms shall either be or be deemed to be a waiver or in any way prejudice any right of Us
under these Terms. No right, power or remedy in these Terms conferred upon or reserved for Us
is exclusive of any other right, power or remedy available to Us.
These Terms & Conditions and all matters arising from it shall be governed by and construed
according to the laws of the Netherlands and all disputes in relation thereto shall be subject to
the exclusive jurisdiction of the Courts of the Netherlands.
Reference is made to user specific subscription details, an overview of which You can view,
download or print in the “subscription details” section of your account. In that section You can
find and retrieve information on the type(s) of module that You have subscribed for, the
amount of data slots You have in use, the API connection modules that you have subscribed for,
the API modules connecting to third party software and other relevant information. You will
appreciate that these specific and non-generic user terms may change and be adjusted from
time to time. Upon registration You have received a direct link to these Terms & Conditions for
your perusal.
The Relian system will automatically send a notification by email if You are about to exceed your
then existing data slot(s). To avoid disruption in your office procedures, an extra data slot will be
activated and made available to You automatically to facilitate business continuity if and when
You actually pass your data limit.
More specific subscription conditions and terms may apply to add on modules. These add on
modules can only be subscribed for in combination with another Relian module. As the case
may be Relian might be dependable on third-party sources who act as supplier of data or
technical interfaces. In additions Relian may be charged for third-party costs. For more details
please refer to the subscription details section in your account.
Relian is a developer and supplier of compliance screening modules, supporting business
processes of its customers ( the “Services”). Pursuant to the terms and conditions of the
Subscription, it is possible that Relian will be deemed to process personal data (hereinafter to be
referred to as: the “Personal Data”) on behalf of a data controller in the course of the
performance of the Relian software that You as the data controller are using.
If requested by You as a user of the Relian system, Relian will enter into a data processing
agreement with You.
This Data Processing Agreement (“DPA”) applies exclusively to the actual processing of
personal data by You as data controller on the server of Relian. This DPA will then form an
integral part of the Subscription and these Terms & Conditions.
Terms such as “processing”, “personal data”, “data controller” and “processor” shall have the
meaning ascribed to them in the EU Directive 95/46/EC (hereinafter: the “Data Protection
Directive”).
Although Relian is not in control over the data of You as a Data Controller and will not process
these data in a practical way, Relian may be deemed to qualify as a data processor in accordance
with said EU- Directive. To the extent required, you herewith explicitly authorizes Relian to act
as a data processor necessary to be able to perform the Services.
By signing up for a subscription with Relian You explicitly acknowledge that Relian is not a
company offering data storage as such or as a service, but only stores data to the extent
necessary to be able to perform the Services.
You are solely responsible for properly storing your data and to make regular back-ups of your
database in your office environment. Although the Relian system makes a back-up on a daily
basis, Relian does not accept any accountability or liability in that respect. If You ask for a
restore of your customer database, extra charges may apply.
If You elect to temporarily file produced pdf reports in your Relian account, please note that
these pdf reports will be stored for a minimum period of 3 months and may be removed
thereafter.
Upon termination of your subscription your user database will be ‘frozen” and placed in isolation
for a minimum 90 calendar days period. Upon elapse of this period your database will be
automatically and irreversibly erased and deleted. If You wish to re-activate your account within
this time span in isolation, extra charges will apply.
By accepting these Terms & Conditions You explicitly consent to receive mails and messages
related to your subscription, your subscription details, general information, news clippings,
system messages and all other forms of communications deemed fit or necessary by us,
including partner mail if any.