1. General information
1.2) This agreement constitutes a binding contract on You and governs the use and access to the Services by
You, whether in connection with a paid, free, or free trial subscription to the Services.
a) “Authorised Individuals” means users within a Client environment who have been granted access to shared User Content by the environment administrator.
b) “Client” means any existing corporate or private user of ReloTalent.
c) “Content” means the materials located on this Site, including the text, information graphics, audio, video and software programs, as well as any third-party application program interface information (“APIs”) available on or through the Site.
d) “Link” or Linked” means two or more Clients which have been associated so that their Users can choose to share assignments, tasks, documents and other User Content.
f)“Pay per Use Fees” means the fees payable by Users who use ReloTalent’s Site and Services on a pay-per-use basis. .
g) “Services” means all our services, software and the Site provided or made available to You.
h) “Site” means the website at relotalent.com, its sub-domains, and any associated web-based applications as owned and operated by ReloTalent Pte Ltd.
i) “Subscription Fees” means the fees payable by the Users who have subscribed to ReloTalent for the use of the Site and our Services.
k) “User”, “Users” or “You” means the users who are registered with us for the use of the Site and Services.
l) “User Content” means the content which a User posts, uploads, displays or otherwise makes available, whether privately or publicly, on or through the Site.
3.1) You will need to register an account with us before using our Services.
3.2) To register, You must be  years old and above and must complete the registration process. You confirm that all information provided by You is true, accurate, correct and up to date. If You are registering on behalf of your company, You represent and warrant that You are duly authorised to enter into this agreement on behalf of your company.
3.3) You are responsible for the confidentiality of your username and password and shall take ownership of all activity and transactions under your account and managing access to your account.
4. Linked Accounts
4.1) Clients may choose to Link their accounts with that of another Client in order to fully take advantage of our Services. You may choose a Client to work with from ReloTalent’s list of existing Clients, or invite one of your own existing partners from your User environment. You may also be invited by an existing Client.
4.2) When accepting an invitation to Link ReloTalent accounts from an existing Client, the invited Client grants permission to have their accounts Linked with the inviting Client. If the invited Client is not already a User of ReloTalent, they accept to register with ReloTalent and grant permission to have their accounts Linked with the inviting Client.
4.3) You should not rely on our recommendation of any other Client, and You should take necessary steps to ensure that the Client You link to is suitable for your needs and is of sufficient quality and reliability.
4.4) Clients may unlink accounts at any time and at their own discretion
4.5) Clients with Linked accounts grant the other party permission to create and edit assignee and assignment information in their environment, when an assignment is shared between both parties. Users should ensure they are compliant with Clause 4.6b. These permissions can be withdrawn at any time by the invited or inviting Client from within their environment.
4.6) Users of Linked accounts are responsible for ensuring that:
a) they have the permission of the individual to share their personal data with a third-party.
b) they have permission to create, edit and otherwise alter assignee and assignment information between Linked accounts.
c) data sharing between Clients is done responsibly, under contractual agreement, and in compliance with international data protection laws.
d) the recipient of any personal data has the appropriate permissions set in their environment so only Authorised Individuals can view and edit the data.
5. Ownership and Processing of User Content
5.1) You retain ownership of your User Content.
5.2) User Content will be used or otherwise processed only to provide the User and any Authorised Individuals the online services including purposes compatible with provided those Services. ReloTalent will not use or otherwise process User Content or derive information from it for any advertising or similar commercial purposes. ReloTalent gains no rights in User Content, other than the rights User grants to ReloTalent to provide the Services to User.
5.3) ReloTalent owns any aggregated and statistical data derived from the operation of the Site and Services, including but not limited to the number of records in the Services and the number and types of transactions, configurations and reports processed in the Services (“Aggregated Data”). Nothing in this agreement shall be construed as to restrict ReloTalent from using the Aggregated Data for the purposes of operating its business and improving our Services, provided that such use will not reveal, whether directly or indirectly, any personal data. For the avoidance of doubt, the Aggregated Data does not include any personally identifiable information.
a) ReloTalent will not disclose User Content to law enforcement unless required by law. If law enforcement contacts ReloTalent with a demand for User Content, ReloTalent will attempt to redirect the law enforcement agency to request that data directly from User. If compelled to disclose User Content to law enforcement, ReloTalent will promptly notify Customer and provide a copy of the demand unless legally prohibited from doing so.
b) Upon receipt of any other third-party request for User Content, ReloTalent will promptly notify User unless prohibited by law. ReloTalent will reject the request unless required by law to comply. If the request is valid, ReloTalent will attempt to redirect the third party to request the data directly from the User.
c) ReloTalent will not provide any third party: (a) direct, indirect, blanket or unfettered access to User Content; (b) platform encryption keys used to secure User Data or the ability to break such encryption; or (c) access to User Content if ReloTalent is aware that the data is to be used for purposes other than those stated in the third-party request.
5.5) Personal Data provided to ReloTalent by, or on behalf of, User through the use of the Services is also User Content. Pseudonymised identifiers may also be generated through User’s use of the Services are also Personal Data. To the extent ReloTalent is a processor or subprocesses of Personal Data subject to the GDPR, the GDPR terms in ReloTalent’s Data Protection and Processing Agreement govern that processing.
5.6) To the extent that any User Content is subject to US or EU data protection laws, or any other data protection and transfer laws, policies or regulations which may be applicable, the User acknowledges and agrees that they will comply with such laws, policies and regulations when using the Site and Services.
6.1) If You are registered for a paid subscription plan You will be charged Subscription Fees based upon your account plan at the time of Your subscription. If You upgrade or downgrade your plan your nominated payment method will be charged at the new billing rate. The subscription term commences on the date of Your subscription, and will be renewed automatically on a monthly or yearly basis, as nominated by You at the point of subscription, until either party terminates this Agreement in accordance with these terms. Free subscription plans have no associated Subscription Fees.
6.2) The agreed upon Subscription Fees for Your chosen plan includes all updates, upgrades and service enhancements free of charge for the duration of the subscription.
6.3) We reserve the right to change the Subscription Fees, by providing the Client at least thirty (30) days’ notice prior to the next charge.
6.4) If You are registered with ReloTalent for one of our pay-per-use plans You will be charged monthly Pay per Use Fees based upon the number of active assignments in the month preceding your billing date. Payment for each months Pay per Use Fees must be completed within thirty (30) days of receiving the invoice for the billable period.
6.6) The Fees may be paid via credit card. By providing your credit card information, You represent and warrant that You are authorised to use the credit card and You authorise ReloTalent to charge the card for all payments stated herein. By submitting payment information, You authorise ReloTalent to provide that information to third parties for the purposes of facilitating payment. You agree to verify any information requested by ReloTalent for purposes of acknowledging or completing any payment.
6.7) Any amounts payable which are not received by ReloTalent by the applicable due date may be subject to late payment interest at 1.5% per month, or the maximum interest permitted by applicable law, whichever is less. Any costs and expenses incurred by ReloTalent in recovering any outstanding amounts from You shall be payable on an indemnity basis.
6.9) In the event that your account is terminated for any reason, whether due to breach of any of the terms, or whether for convenience in accordance with Clause 11 (Termination), there will be no refund of any fees which have been paid pursuant to this Clause 6 (Fees).
7.1) The Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction.
7.2) You shall pay all applicable goods and services tax, duties or levies whatsoever at the rate which may from time to time be imposed or charged at any time by any government statutory or tax authority on or calculated by reference to the amount of any sums payable by You hereunder or to reimburse us for the payment of such taxes, duties or levies immediately on receipt of written notice from us.
7.3) If we shall at any time be compelled by any applicable law to withhold or deduct any tax on your behalf from any amount payable to You hereunder, we shall, when making payment to you, make payment of such tax at the applicable rate to the appropriate tax authority and shall promptly furnish to You written receipts from the appropriate tax authority certifying that such payments have been made.
8. Free Trials
8.1) If You register for a free trial of any of ReloTalent’s Services we will make such Services available to You on a trial basis, free of charge until the earlier of:
a) the end of the free trial period for which You registered to use the applicable Services;
b) the start date of any subscription or pay per use to ReloTalent’s Services purchased by You for such Services; or
c) termination of the trial by ReloTalent in our sole discretion.
8.3) Any User Content or other data entered into ReloTalent, and any configuration or customisation made to Your environment by or for You, during your free trial will be permanently lost unless You purchase the same Services as covered by the trial. Purchase the same Services covered by the trial, or export such User Content or data before the end of the trial period.
9. Proprietary Rights
9.1) The Site is owned and operated by ReloTalent. The Content located on the Site is protected by copyright, trademark and other forms of proprietary rights. Unless expressly stated, all rights, title, benefit and interest in the Content are owned by, licensed to or controlled by ReloTalent.
9.2) You acknowledge and agree that we own, or have the licence to use, the Site and the Content, including the source and object codes, pages, documents and online graphics, audio, video and such other content found in the Site and any and all intellectual property rights used or embodied in or in connection thereto. Unless expressly stated, all rights, title, benefit and interest in the Site and the Content are owned by, licensed to or controlled by ReloTalent. The Site and the Content shall not be reproduced, republished, transmitted or distributed in any way, without our prior written permission.
9.4) You agree that we may, at our sole and absolute discretion and to the extent permitted by law, access, preserve or disclose your account information, usage history and activity in order to:
a) provide the Services to you;
b) comply with any applicable law, regulation, legal process, or government request;
c) respond to claims that any Content or User Content violates the rights of third parties;
d) enforce these Terms and investigate potential violations thereof;
e) detect, prevent, or otherwise address fraud, security, or technical issues;
f) protect the rights, property, or personal safety of ReloTalent, its Users, or the public
10. Use of Site and Services
10.1) You agree that You will not:
a) use the Site for purposes of conducting and/or disseminating surveys, contests, pyramid schemes, chain letters, junk email or sending any duplicative or unsolicited messages;
b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
c) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, tortuous, indecent or unlawful material or information;
d) use any material or information available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
e) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
f) knowingly disseminate information that You know, or reasonably ought to know, to be confidential in nature, in violation of any duty of confidentiality which You are subject to;
g) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software or other products or processes accessible through the Site;
h) frame or “mirror” any portion of the Site, Services or Content on any other server or into any product or service;
i) make improper use of the Site or the Services, or for any purpose not reasonably intended by ReloTalent; or
10.2) By transmitting and submitting any User Content, You further acknowledge and agree that:
a) by uploading, submitting or making available User Content on the Site, we have the right to use, process or share such User Content on our platforms or with such parties as may be appropriate for the provision of our Services;
b) You are solely responsible for (and that we have no responsibility to You or to any third party for) any data that You transmit, update or upload while using the Site and Services, and for the consequences of your actions (including any loss or damage which we may suffer) by doing so;
c) You grant ReloTalent the right to name your company by name and also pictorially by using your company’s logo as a reference for ReloTalent’s own advertising purposes.
d) You will not submit User Content or other information that is protected by intellectual property rights such as copyrights, or subject to third-party confidentiality or proprietary rights, unless You are the owner or have the appropriate permission from the rightful owner to submit and control such content and grant us a licence to display, use and process such content;
e) You understand and agree that ReloTalent does not research, verify, endorse, represent, warrant or guarantee the truthfulness, completeness, accuracy, reliability, or veracity of any content on the Site, including but not limited to User Content, and that we have no liability in respect of any such content.
11.1) The term of this agreement commences when You register your account with us, and will continue in effect until terminated by You or ReloTalent as set out in these Terms.
11.2) If You have a free account, You may terminate this agreement at any time, for any reason or no reason, immediately by deleting your account with us. If You have a subscription account, You may terminate this agreement at any time, for any reason or no reason, by giving us thirty (30) days’ prior written notice at firstname.lastname@example.org.
11.4) In the event of any termination, You will have no rights to the continued use or access to the Site, the Services, or your account, except as expressly provided in Clause 10.5. ReloTalent will have no obligation to maintain your account or to retain or forward any information in your account, except as required by the applicable law.
11.5) Upon written request by You within thirty (30) days following any termination, and provided that there are no outstanding amounts payable from You to ReloTalent, ReloTalent will make the data in your account available to You through the Site for a period of up to thirty (30) days after receipt of such notice, subject to an additional fee. After such thirty (30)-day period, ReloTalent will have no further obligations to retain or provide your data to you.
12. Restriction, Suspension or Deletion of Account or Services
12.1) We shall have the right to restrict, suspend or delete your account or access to the Site, or to restrict, suspend or cease to provide any Services to You at any time at our sole discretion for any reason or no reason. Where such restriction or suspension of Services is due to planned downtimes for maintenance of the Site and the Content, this will be communicated in advance on or through the Site, or by email.
14. Electronic Delivery
14.1) Where appropriate, we use available technology to protect the security of communications made through the Site. However, as no data transmission over the internet can be guaranteed to be completely secure, we cannot guarantee the security of any information You transmit to us, and You transmit such information at your own risk. We do not accept liability for the security, authenticity, integrity or confidentiality of any transaction and other communications made through the Site.
14.2) Internet communications may be susceptible to interference or interception by third parties. Despite our best efforts, we make no warranties that the Site is free of viruses or other unauthorised software. You should take appropriate steps to keep your information, software and equipment secure. This includes clearing your browser cookies and cache before and after using the Services on the Site.
15.1) You acknowledge and agree that the Site may become temporarily unavailable for a number of reasons, including but not limited to, capacity constraints, transmission limitations, equipment modifications, upgrades, relocations, and repairs. Notwithstanding this, we will use reasonable commercial efforts to minimise such non-availability of the Site.
16. Disclaimer of Warranties and Liabilities
16.1) The Site, Services and Content are provided on an “as-is, where-is” basis without any warranties of any kind, express or implied. ReloTalent specifically disclaims implied warranties of title, fitness for a particular purpose, expectation of privacy, non-infringement of intellectual property or other violation of rights. We do not warrant the accuracy, adequacy or completeness of the Site and/or the Content, and expressly disclaim any warranty:
a) as to the accuracy, completeness, correctness, reliability, currentness, timeliness, non-infringement of the Services or Content;
b) that the Services or Content are free from any technical, typographical, photographic or any other errors or omissions;
c) that the Site and/or any Services will be provided uninterrupted or free from errors or that any identified faults will be corrected; further, no warranty is given that the Site is free from any computer virus or other malicious, destructive or corrupting code/program
16.2) We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by You or any third party arising from or in connection with:
a) your use of the Site, the Services or the Content;
b) any unauthorised access by any person of your account with us;
c) any access, use or the inability to access or use this Site, or reliance on the materials and/or any information in this Site;
d) any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus.
17. Representation and Warranty
17.1) You hereby represent and warrant that:
a) all information provided by You and/or your representatives is accurate, complete and up to date, including any compliance with licences, governmental or third-party approvals and consents;
b) You and/or your representatives are not contractually and/or legally restricted from performing your obligations under the Site or any actions which You and/or your representatives may take on the Site;
d) You will notify ReloTalent promptly of any unauthorised access or use to the Site or the Content.
18. Third Party Sites
18.1) The Site may contain links to other websites or resources on the internet, which are not produced or maintained by us. ReloTalent makes no representation and is not responsible for the content of those websites and shall not be liable for any damages or losses arising from your access to those websites. Any content, services or representations made on such websites are solely the responsibility of the operator of those websites and we assume no responsibility for any content provided thereon or the operation of such website. Use of the links and access to such websites are entirely at your own risk.
18.2) All links to other websites are provided as a convenience to You as a user of the Site and Services. In no circumstances shall ReloTalent be considered to be associated or affiliated in whatever manner with its operators or any trade or service marks, logos, insignia or other devices used or appearing on the websites to which the Site is linked.
19.2) You agree that this provision shall survive any termination of your account on the Site.
20.4) All rights and obligations hereunder are personal to the parties and each party shall not assign any such rights and obligations to any third party without our prior written consent.
21. Governing Law