The Rely Website (available at relyplatform.com) is published by Rely and relates to Rely’s business of helping organisations manage things like complaints, compliance audits and whistleblower processes. These terms are the conditions on which you access the Rely Website. By accessing the Rely Website you agree to these Terms in exchange for being given access to that service or website, and they are legally binding.
The Rely Service is the Issue Management Platform that Rely provides access to in the course of its business. Parts of the Rely Service are accessible from the Rely Website. You access the Rely Service when you contribute information to it (or access information from it) pursuant to an arrangement between Rely and a subscriber organisation. These terms are for the Rely Website only. When you access the Rely Service you will need to agree to separate end user terms, which are available when reporting an issue.
If anything in these terms stops you from wanting to access the website please let us know on firstname.lastname@example.org.
You don’t have to pay anything to access the Rely Website. You may access the Rely Website in order to learn about Rely’s business, including the Rely Service. Rely has no obligation to keep the Rely Website available, or keep it available in any particular form.
If you are provided with login details for the Rely Website you must keep them confidential.
If you are provided with an ability to upload any content via the Rely Website, such as in a ‘contact us’ form, you must abide by any Acceptable Use Policy we publish from time to time. Without limiting that obligation, you must not upload any child sex abuse material, ‘revenge porn’ or anything else which it might be a crime for us to store or give access to. Also, you may only upload material which is vexatious, obscene, harassing, defamatory, hateful or offensive, or discriminatory or prejudicial towards any gender, sex, gender or sex identity, race, culture, religion or other characteristic such as disability if you are reporting someone else’s use of that material, or similar conduct. You must not use the Rely Service to yourself engage in such conduct or communications, only to report them. For example, if you are aware of someone having been racially vilified you can quote that racial vilification. But this doesn’t mean that you can yourself racially vilify someone.
You must take reasonable care to avoid uploading to the Rely Website or its supporting infrastructure any malware.
You must not reproduce, or summarise or translate or adapt for display, any part of the Rely Website on any other website or service without our prior written consent. Your permission to access content of the Rely Website that is protected by copyright or any other Intellectual Property Right does not extend to such conduct.
You must create links to Rely’s website only for legitimate purposes, and only provided those links will not damage Rely’s reputation and do not suggest any endorsement, approval or association that does not exist.
You must not (i) license, sublicense, sell, resell, transfer, distribute or otherwise commercially exploit or make available to any third party the Rely Website or any part of it or use it in any way except as expressly permitted under these Terms; (ii) modify or make derivative works based upon the Rely Website; (iii) “frame” or “mirror” any portion of the Rely Website on any other server or wireless or Internet-based device; (iv) circumvent or attempt to circumvent any usage control features of the Rely Website; or (v) probe, scan or test the vulnerability of the Rely Website.
Rely is very conscious of its privacy obligations and the sensitive nature of some of the information uploaded to the Rely Service. Rely maintains an Information Security Management System (ISMS). Rely’s ISMS was certified as being compliant with ISO 27011 in 2022. However, no ISMS or computer system is perfect or able to guarantee that there will never be any unauthorised access to information. Access to the Rely Website is provided on an ‘as is’ basis and at your own risk in relation to unauthorised access to information that you have uploaded or that otherwise concerns you.
All Intellectual Property Rights associated with the Rely Website remain Rely’s exclusive property (or Rely’s third party suppliers’, where applicable).
Any Intellectual Property Rights in any suggestions you make regarding improvements to or modifications of the Rely Service or Rely Website immediately vest in Rely. You must do all things reasonably requested by Rely from time to time to give effect to this.
Intellectual Property Rights means any intellectual property right (whether registered or unregistered) in any jurisdiction, or licence of such a right, including in respect of business names, domain names, trademarks, confidential information (and rights to keep it confidential), know-how (and rights to keep it confidential) and patents, patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, data bases, know how, logos, designs and copyright.
The Rely Website is provided on an as-is basis and you use it at your own risk in relation to the possibility of errors, bugs, malware or other conditions which could impair its functionality or damage or interfere with your software, data, hardware or other systems.
The Rely Website may provide links to or descriptions of webpages, services or products provided by third parties. You must not take those links or descriptions as recommendations and must make your own assessments before deciding whether to visit, interact with or use any of those webpages, services or products. Rely is not liable in any way (including by reason of negligence) for any adverse consequences of visiting, interacting with or using any of those webpages, services or products.
The Rely Website may provide information concerning scenarios for which the Rely Service is commonly used, and may expressly or impliedly suggest next steps for you or another person to take. That information and those suggestions are provided as a starting point only and are not a substitute for legal advice, accounting advice, medical advice or the judgement of appropriately experienced experts. You must not rely on them in any way without first having their accuracy and applicability and compatibility with your own interests confirmed by appropriate professional advisers. Rely is not liable in any way (including by reason of negligence) for any adverse consequences of that information or those suggestions.
Rely excludes and disclaims all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute.
To the extent permitted by law, Rely limits its liability to you arising from or in connection with the use of the Rely Website (including for negligence and for defamation) to $500. You acknowledge that given that the Rely Website and Rely Service will have many users this limitation is reasonably necessary to protect Rely’s legitimate interests.
Rely is not liable to you for anything outside the reasonable control of Rely, including disease, war, acts of God or a public enemy, national emergencies, riots, cyber attack, telecommunications failure, failure of or material adverse changes in any supplier systems (including Amazon, Azure or other hosting providers) or malware.
Rely is not liable to you for anything which another person uploads or communicates to you or in relation to you, including defamatory or untrue material, or any decisions which a Subscriber or other person takes in relation to you (for instance, terminating your employment), whether that decision is right or wrong and whether or not Rely has been negligent in relation to that information.
Despite the above, nothing in these terms is intended to exclude, restrict or modify rights which the law, including the Australian Consumer Law, says cannot be excluded, restricted or modified in that way (Non-Excludable Rights). If any Non-Excludable Rights prevent any of the above exclusions or limits applying then the remaining exclusions and limits will still apply and if those Non-Excludable Rights arise under the Australian Consumer Law, and if the following is permitted by the Australian Consumer Law, Rely’s liability in respect of the Non-Excludable Rights will instead be limited to re-supplying the Rely Service or equivalent services and software, or paying the cost of re-supplying the Rely Service or equivalent services.
If any term or provision of these Terms is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and the remaining terms will be unaffected. Interpretation of these Terms should not be affected by who prepared or benefits from them, headings are for ease of reference only and do not affect interpretation, any examples or illustrations of a more general concept do not limit that more general concept and a reference to law is to applicable law of any jurisdiction. Any reference to dollars is to Australian dollars.
These Terms are to be governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
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