Service
Better Technologies Pte. Ltd. (registration number: 201928854G) (“betterhr”, “we”, “us” and/or “our”) provides hosted integrated cloud HR solutions through the site and any applicable software (collectively, the “service”). The service is provided by betterhr to you and any individual or entity to whom you grant the right to access the service through your account as an agent and/or administrator as identified through a unique login (“agent”), or as an end-user connecting with you or your agents via the service (“end user”), subject to these terms and all modifications thereto and/or other rules that may be published from time to time by betterhr. From time to time we may notify you of updates or modifications to or new versions of the service. Your usage of the updated or new versions of the service confirms your acceptance of the new or updated service, and is also subject to, these terms.
General Conditions and Restrictions
During the term of your subscription to the service (“subscription”, and such term, the “subscription term”), you have the limited right to use the service solely for your own internal use as an online platform to manage your employees. You agree to provide true, accurate, current and complete information as required by betterhr. You agree not to transfer, lease, rent, assign, sublicense or resell the service, in whole or in part, unless you are an authorised partner of betterhr and only pursuant to a separate partners' agreement entered into between you and betterhr, and you further agree not to allow any third party other than your agents and end users to access the service. You are responsible for compliance with the provisions of these terms by your agents and end users and for any and all activities that occur under your account.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the service (collectively, “equipment”). You shall be responsible for ensuring that such equipment is compatible with the service and complies with all configurations and specifications set forth in betterhr's published policies then in effect.
By posting your content on or through the service, you hereby do and shall grant betterhr a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform your content as necessary to provide the service. You acknowledge that you bear sole responsibility for your content.
You and your agents are responsible for maintaining the confidentiality of all login credentials for your account. Subject to any limitation on the number of individual agents available under your selected service plan, access to and use of the service is restricted to the specified number of individual agents permitted under your subscription.
Acceptable Use
You agree not to use the service:
- By electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- To advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised.
- To modify, adapt or hack the service, or otherwise attempt to gain unauthorised access to the service or its related systems or networks.
betterhr reserves the right to refuse to transmit or to remove any information or materials, in whole or in part, that, in its sole discretion, betterhr deems unacceptable, undesirable, inappropriate or in violation of any law or these terms.
Grant of Limited License
Any software that may be made available by betterhr in connection with the service (“software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this agreement, betterhr grants to you a non-exclusive, non-transferable, limited license to use the software solely for the purpose of accessing and using the service in accordance with these terms during the term of this agreement. The service is provided on an “as is” and “as available” basis.
Intellectual Property Rights and Privacy
You acknowledge and agree that betterhr is the sole owner of the service including without limitation, all applicable copyrights, patents, trademarks, and trade secrets, database rights, treaties, and all other intellectual property rights appurtenant thereto. Personally identifiable data collected by betterhr in the course of fulfilling its obligations under this agreement shall be used by betterhr in accordance with the then-current betterhr privacy policy. You acknowledge that no title to the intellectual property in the service transfers to you as a result of your subscription or other use of the service.
Disclaimer of Warranties
The service is provided “as is, as available” without warranty of any kind, either express or implied. Without limiting the foregoing, betterhr specifically disclaims any and all warranties, including, but not limited to: any warranties concerning the availability, accuracy, security, usefulness, interoperability, or content of the service; and any warranties of non-infringement, title, merchantability or fitness for a particular purpose.
Limitation of Liability
Because some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages, in such jurisdictions, betterhr's liability shall be limited to the fullest extent permitted by law. You agree that in no event will betterhr's total liability exceed the total of the fees, if any, paid by you for your subscription during the 12-month period immediately preceding the alleged claim or alleged cause of action.
Export Restrictions
You agree that you will not share the service to any country, person, entity, or end user in violation of the Republic of Singapore's export restrictions.
Indemnification
betterhr will have no liability or obligation under this indemnification section with respect to any IP claim if such claim is caused in whole or in part by (a) compliance with designs, data, instructions or specifications provided by you; (b) modification of the service by anyone other than betterhr; or (c) the combination, operation or use of the service with other hardware or software where the service would not by itself be infringing.
By using the service, you agree to indemnify and hold betterhr harmless from and against any claims brought against betterhr arising in connection with or related to the use of the service by you, agents or end users in breach of any of the provisions, terms or conditions set forth in these terms, provided that betterhr promptly notifies you of the threat or notice of such a claim.
Termination
No refunds or credits for fees or payments will be provided to you if you elect to terminate your subscription prior to the end of your then-effective subscription term. Following the termination or cancellation of your subscription, betterhr reserves the right to delete all your content in the normal course of operation. Your content cannot be recovered once your subscription is cancelled.
Upon termination of your subscription, you will immediately cease all use of the service and any documentation provided to you and return or destroy all copies thereof. Your right and license to use the service shall immediately cease upon termination. Termination is not an exclusive remedy and we reserve all other available remedies in contract, law or equity.
Payment
You hereby authorise betterhr to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your subscription, and you further agree to pay any charges so incurred. If you dispute any charges you must let betterhr know within sixty (60) days after the date that betterhr bills your payment instrument. Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments. You shall be responsible for all taxes associated with your subscription.
Force Majeure
betterhr shall not be liable to you, your agents, end-users or any other person for any delay or failure in the performance of this agreement or for loss or damage of any nature whatsoever suffered by you or such persons due to a force majeure event.
Other Services
You may be able to enable, access or use third party products, applications, services, software, products, networks, systems, directories, websites, databases and information which the service links to, or which you may connect to or enable in conjunction with the service (collectively, “other services”). If you decide to enable, access or use other services, be advised that your access and use of such other services is governed solely by the terms and conditions of such other services, and betterhr does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such other services.
Miscellaneous
These terms and any betterhr order form (the “agreement”) constitute the entire agreement, and supersede any and all prior agreements or understandings between you and betterhr with regard to the subject matter hereof.
betterhr may amend these terms from time to time, in which case the new terms will supersede prior versions. betterhr will notify you via the site or your account no less than ten (10) days prior to the effective date of any such amendment and your continued use of the service following the effective date of any such amendment may be relied upon by betterhr as your consent to any such amendment.
By entering into this agreement, you acknowledge that you are transacting business with betterhr in the Republic of Singapore. This agreement shall be governed in all respects by the laws of the Republic of Singapore. You agree that any claim or cause of action arising out of or related to use of the service or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
