Terms of use.
Introduction
Requian owns the Requian web-based application (“web app”). By accessing or using the web app, you (“the user of the web app”) agree to the terms of use (“Terms of Use”) of the web app as set out below. If you do not agree to these Terms of Use you must immediately cease using the web app.
The Terms of Use include the terms and conditions set out below, and the Requian Privacy Policy.
You are bound by these Terms of Use and should review them whenever you are using the web app. These Terms of Use apply to all users that access the web app.
The Web App
Requian is responsible for hosting and administering the web app.
The web app is provided on an “as is” basis. Requian does not guarantee that access to the web app will be uninterrupted or that the web app is free from viruses or anything else which may damage any computer or other device which accesses the web app or any data on such a computer or device.
You must not provide any information that is commercially sensitive or otherwise confidential via the web app, unless the information is necessary for you to use the functionality of the web app. You must use your discretion regarding the information that you provide or make available to others on or through the web app. Except for information provided to Requian during the registration process (that is not made publicly available through ordinary use of the web app without your express permission (“registration information”), Requian does not undertake to keep any information on the web app confidential.
Content on the web app
The content available on the web app has not been independently verified by Requian. Requian makes no representations and gives no guarantees as to the accuracy, currency, completeness, usability or reliability of the information in the web app and accepts no responsibility for any errors or omissions in the contents of the web app at any time. In no event will Requian (or its officers, agents, contractors or employees) be liable for any information contained on or referred to on the web app and will not be liable for any loss or damage which may be incurred as a result of using or relying on any information or material presented on or accessed from the web app, including (without limitation) the contents of the web app.
You acknowledge and agree that:
(a) you will exercise your own independent skill and judgment before relying on any of the information available or referred to on or through the web app;
(b) information provided over the web app is for general information purposes only and is not intended to provide specific advice for your business needs;
(c) information provided over the web app is not intended to constitute legal advice, and you must procure your own independent legal advice in respect of any particular legal question or issue you may have;
(d) Requian recommends that you obtain applicable professional advice before you make any decisions based on information obtained from the web app; and
(e) information on the web app was prepared at a point in time, and may be out of date and inaccurate at the time that you access the web app.
All content on the web app is subject to change at any time without notice.
You may access, download and print content from this web app for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of any part of the content on this web app without our prior written consent.
External Websites and Links
Requian is not responsible for the content or availability of outside websites or resources linked to or referenced on the web app. Requian does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Requian shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Termination
Without limiting any other remedies Requian may have under these Terms of Use or at law, Requian may remove any of your content from the web app, issue a warning, temporarily or indefinitely suspend your account and privileges, terminate your account, prohibit access to the web app, take technical and legal steps to prevent use of the web app if any of the following apply:
Requian reasonably suspects you have breached these Terms of Use or any other terms and conditions incorporated herein;
Requian reasonably suspects that you have provided false personal information via the web app;
you have engaged in improper or fraudulent activity in connection with the web app; or
your actions may cause legal liability or financial loss to the web app's users or to Requian.
Without limiting the above, Requian has the right to terminate or suspend the operation of the web app (including in part) for any reason without liability upon 5 business days’ prior written notice to you. Requian may (without limitation) suspend the web app to conduct maintenance or to implement updates.
Limitation of liability
To the maximum extent permitted by law Requian, its officers, agents, contractors and employees exclude completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the web app, the content or the use or performance of the web app, or any Services procured by you via the web app. Requian, its officers, agents, contractors and employees are not liable for any loss of data, money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the web app.
You acknowledge and agree that Requian, its officers, agents, contractors and employees are not responsible for nor have any liability in respect of the provision or the outcome of any Service procured or supplied through the web app and you will hold Requian, its officers, agents, contractors and employees harmless in respect of any dealings.
You agree to indemnify Requian, its officers, agents and employees in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment (including legal expenses (on a full indemnity basis) arising from or relating to:
your use of the web app or any content you submit through the web app;
any claims made against Requian, or its officers, agents, contractors and employees, in connection with your use of the web app; or
your breach of any applicable law.
To the fullest extent permitted by law, Requian excludes all warranties, representations, implied terms and guarantees about the currency, accuracy, suitability, functionality or reliability of the web app.
In respect of any conditions, warranties and guarantees which cannot be excluded under statute, to the extent permitted by law, the liability of Requian for a breach of such condition, warranty or guarantee is limited (at its option) to the resupply or a refund of the cost of the relevant services.
Severance
Part or all of any provision of these Terms of Use that is invalid or unenforceable may be severed from the remaining terms and conditions, and the remaining provisions of the Terms of Use continue in force.
Material changes
Requian reserves the right to alter these Terms of Use or other web app terms and conditions at any time, so please review these Terms of Use frequently. If Requian makes a material change the web app will notify you here, by email, by means of a notice on our home page, or other places Requian deems appropriate. What constitutes a "material change" will be determined at Requian’s sole discretion.
Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of Australia. In the event that a dispute arises from these Terms of Use, you agree to submit to the non-exclusive jurisdiction of the courts of Australia.
General
Requian may assign its rights and obligations under these Terms of Use to another entity upon 5 business days’ prior written notice to you. Requian will let you know if it undertakes any such assignment by email, by means of a notice on our home page, or other places Requian deems appropriate.
Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches.
These Terms of Use contain the entire understanding and agreement between you and Requian.