Bettamint is a technology services company. It provides a system to connect individual daily wage workers, machine operators or other service providers with Users. Bettamint does not provide construction services, nor acts as a contractor, real estate developer, employer, training agency for labour or labour contractor or aggregator of payment services, nor act as an agent for any such person or entity. All Services are provided directly to You by the Worker Service Provider, who is an independent, third party contractor, carrying out business on his/her own account, not under the employment of any Bettamint Group Company.
Definitions and Interpretation
- Account means the registered account You obtain to access the System as a User;
- Additional Charges is defined in clause 8.3;
- Affiliate means, in relation to a party, any entity that controls, is under the control of, or is under common control with, that party, where control means the direct or indirect ownership of more than 50 per cent of the voting capital or similar right of ownership of that party or the legal power to direct or cause the direction of the general management and policies of that party, whether through the ownership of voting capital, by contract or otherwise, and controls and controlled shall be interpreted accordingly;
- Worker Application means the electronic application supplied by Bettamint and/or Bettamint Group Companies for Worker Service Providers to connect with Users;
- Group Companies means a person and its Affiliates (and Group Company will be construed accordingly);
- Local Terms means the supplementary or alternative terms for specific countries, cities, municipalities, metropolitan areas or regions which apply to You, as made available and as updated by Bettamint from time to time and as set out here.
- Mobile Device is the smartphone, tablet or other mobile device owned or controlled by You which You use to connect to the User Application;
- Policies means any policies, guidelines or information applicable to Users, as notified to You by Bettamint from time to time (including via the Services, the Websites, the Policies, or to Your email address set out in Your Account), and as may be updated by Bettamint from time to time;
- Specific Terms means the supplementary or alternative terms which may apply to certain specific parts of the System and/or Worker Services, as may be notified to You from time to time;
- System means the system provided by Bettamint to connect Worker Service Providers with Users, including the Worker Application, the User Application and related software, websites, platforms, and other support systems and services, including the Websites. For the avoidance of doubt, the System does not include worker services themselves, as these are provided by Worker Service Providers directly to You;
- Territory means the territory in which You use the System;
- Worker Service Provider means the independent third party service provider who offers Worker Services having been connected to You via the System;
- Worker Services means the Worker services provided by Worker Service Providers when they are connected to You via the System, which may, depending on Your Territory, include instant worker hiring, attendance management services, communication tools, chat services, training and upskilling services, wage payment facilities, food delivery services, personal shopping services, and other services available from Worker Service Providers via the System from time to time;
- User means a registered end user of the User Application;
- User Application means the electronic application supplied by Bettamint and/or Bettamint Group Companies for Users to connect with Worker Service Providers;
- User Fees is defined in clause 8.2;
- Voucher means electronic monetary value or credit that, when validly applied by a User, may be used to offset certain fees payable by the User via the User Application, in accordance with the terms and conditions specified by Bettamint; and
- Websites means any websites operated by Bettamint Group Companies from time to time.
Your commitments to Bettamint
4.1. You confirm that:
4.1.3. You will comply at all times with all Applicable Laws and the Policies, and will notify Bettamint if You are in breach of any Applicable Laws or the Policies;
4.1.4. You will only use the System for lawful purposes and only for the purposes for which it is intended to be used;
4.1.5. You shall ensure that any documents and information provided by You (or on Your behalf) to Bettamint or otherwise via the System are at all times accurate, current, complete and not misleading;
4.1.6. You shall only use an internet access point and data account which You are authorised to use; You shall not engage in any fraudulent, deceptive or misleading conduct; and
4.1.7. You shall not impair or circumvent the proper operation of the system or network which the System operates on.
Your interactions with Worker Service Providers and other Users
4.2. Your order for Worker Services from Worker Service Providers creates a direct relationship between You and the Worker Service Provider, to which Bettamint is not a party. To the maximum extent permitted by Applicable Law, Bettamint is not responsible or liable for the acts or omissions of a Worker Service Provider in relation to You. You have the sole responsibility for any obligations or liabilities to Worker Service Providers or any other third parties that arise from Your use of the Worker Services.
4.3. You agree:
4.3.1.to treat Worker Service Providers and other Users with respect, in compliance with the Policies, and not to engage in any unlawful, threatening or harassing behaviour or activities whilst using the Worker Services or the System; and
4.3.2. not to contact Worker Service Providers for purposes other than to receive and use the Worker Services.
4.5. For the avoidance of doubt, Bettamint does not endorse any third party providers (including the Worker Service Providers), applications or websites that are available or to which You are connected through the System, and in no event shall Bettamint, its licensors or any of its Affiliates be responsible for any content, products, services or other materials on or available from such third party providers. Any Worker Service Provider ratings are intended to be indicative of ratings provided by other Users but do not constitute an endorsement (or otherwise) by Bettamint of that Worker Service Provider.
4.6. Although the Worker Service Provider is solely responsible for Worker Services, if You have a complaint about the Worker Services You have received, Bettamint has the right to deal with any such complaints through Bettamint’s complaints handling process. You agree to cooperate fully with such process and to submit any complaint You may have via the User Application. Bettamint also reserves the right to redirect Your complaint to the relevant Worker Service Provider and may choose, but is not obliged, to facilitate discussions with the Worker Service Provider. Bettamint’s complaints handling process shall not exclude any rights or remedies that cannot be excluded or limited under Applicable Law.
4.7. If Bettamint receives a complaint from a Worker Service Provider or another person about You, Bettamint has the right to redirect the complaint to You or deal with such complaint via its complaints handling process. Again, You agree to cooperate fully with such process.
5.1. In order to access the System as a User, You must register for and maintain an Account as a user of the User Application.
5.2. You are responsible for all activities conducted on Your Account and all decisions made in relation to Your use of the System. You:
5.2.1..must only have one Account;
5.2.2. must keep Your Account information (including Your login details and payment details) confidential and secure;
5.2.3. must not provide any other person with access to Your Account, including to transfer the Account or information from Your Account to any other person;
5.2.4. must promptly notify Bettamint if You suspect any unauthorised access to or use of Your Account; and
5.2.5. must not, if You are also a Worker Service Provider, use Your Account to make an order as a User that You will accept as a Worker Service Provider, or otherwise collaborate with other Worker Service Providers or Users in any similar scheme.
5.3. Bettamint reserves the right to block or deny access to Your Account, and/or block features available in the User Application, without prejudice to its other rights and remedies:
5.3.2. during an investigation;
5.3.3. if You owe any money to Bettamint or its Group\ Companies;
5.3.5. at any other time in Bettamint’s reasonable discretion.
Your use of the System
Your commitments to Bettamint
6.3. In using the System, You shall not:
6.3.1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the System in any way;
6.3.2.modify or make derivative works based on the System, or reverse engineer or access the underlying software for any reason;
6.3.3. use the System to build a competitive product or service, build a product using similar ideas, features, functions or graphics as the System, copy any ideas, features, functions or graphics of the System, or launch an automated program or script which may make multiple server requests per second, or which unduly burdens or hinders the operation and/or performance of the System, or attempt to gain unauthorised access to the System or related systems or networks;
6.3.4. use any application or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure, presentation or content of the System;
6.3.5. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, or remove any copyright, trademark or other proprietary rights notices contained in the System;
6.3.6. send or store any material for unlawful or fraudulent purposes;
6.3.7. send spam or other unsolicited messages;
6.3.8.send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material;
6.3.9.send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
6.3.10. interfere with or disrupt the integrity or performance of the System or the data contained therein;
6.3.11. impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
6.3.12. deliberately misrepresent Your location, or make or receive orders for Worker Services other than via the User Application or which are fake;
6.3.13. cause nuisance, annoyance, inconvenience, harassment, personal injury or property damage, whether to Bettamint (and its officers, directors, members, employees and agents), any Worker Serivice Provider, or any other party; or
6.3.14. damage Bettamint’s or any of its Group Companies’ reputation in any way.
6.4. You shall not use the Worker Services to:
6.4.1. commit a crime or do anything contrary to Applicable Law; or
6.4.2.harm or injure another person or infringe another person’s rights.
6.5. Worker Service Providers are required to agree that they will be careful and follow all safety protocol on your construction site. However, You are ultimately responsible for the safety of your own Worker Service Providers while working at your worksite in Your use of the Worker Services, and You shall take all necessary precautions.
Your Mobile Device
7.1. Your access to the User Application will be through a Desktop Web Application or Mobile Device. It is Your responsibility to check and ensure that You download the correct software (including the latest version of the User Application) for Your Devices. Bettamint is not liable if You do not have a compatible device or if You do not have the latest version of the software (including the latest version of the User Application) for Your Mobile or Desktop Device.
7.2. If a Mobile or Desktop Device is lost, stolen, broken and/or no longer in Your possession, and this exposes Your Account information to someone else or otherwise affects Bettamint’s legal rights and/or remedies, You must immediately notify Bettamint and follow the procedures notified by Bettamint..
7.3. You are solely responsible for having in place an appropriate internet and mobile plan and for any fees charged by Your telecommunications service provider, such as telephone, SMS and internet data fees. You acknowledge that Your use of the System may consume large amounts of data and that You will be solely responsible for such usage and the associated fees.
8.1. The download and/or use of the User Application is provided for You to use the System and is provided on a royalty-free basis. Bettamint reserves the right to charge a fee for all support and services You obtain, directly or indirectly, through the use of the System, as notified to You by Bettamint from time to time (including via the Policies).
8.2 Service Providers are entitled to charge You a wage fee for the Worker Services, which may include:
8.2.1 a daily wage fee (metered or otherwise) for each day or instance of Services rendered;
8.2.2. any other amounts payable by You in accordance with the Policies; and
8.2.3.any applicable taxes calculated in accordance with Applicable Law
8.3. Worker Service Providers may charge You certain additional fees, which may include:
8.3.1. any other applicable surcharges (including but not limited to peak hour and midnight surcharges), necessarily incurred by You for each instance of Worker Services;
8.3.2.any cancellation charges;
8.3.3.any other amounts payable by You in accordance with the Policies; and
8.3.4. any applicable taxes in respect of the above, calculated in accordance with Applicable Law
(together, the Additional Charges).
8.4. The Wage Fees, any cancellation or other charges and/or taxes (as applicable) for each wage cycle of Worker Services will be calculated via the User Application and are payable by You via the User Application or otherwise in accordance with the Policies.
8.5. The fee component of Wage Fees will be set by You. However based on demand and other market factors in Your location, Bettamint will always endeavour to inform You about the best wage fee to offer so that you can hire the Best worker Service Providers at the fastest rate. any such increase via the User Application and it is Your responsibility to review the Wage Fees
8.6. Bettamint may update the basis on which Wage Fees and Additional Charges are calculated via the System at any time in its absolute discretion. Any Wage Fees and Additional Charges on or after the date on which the update takes effect shall be subject to the updated calculation.
8.7. The User Application may provide You with an option to cancel certain Worker Services before such Worker Services commence. If You choose to do so, You may be required to pay a cancellation charge, or other applicable Additional Charges, in accordance with the Policies.
8.8. When using Worker Services, You must make Yourself available at Your designated site location by the relevant time specified via the User Application or the relevant Policies. If You fail to do so, the Worker Service Provider is entitled to cancel the Worker Services and You may be charged a cancellation charge, or other applicable charges, in accordance with the Policies.
8.10 In order to promote usage of the System, Bettamint may from time to time, in its sole discretion, offer promotions based on You meeting specified criteria and complying with specified conditions. You may choose whether or not to participate in the promotion. If You do decide to participate, Your right to benefit from the relevant promotions is conditional on You meeting all of the specified criteria and complying with all of the specified conditions, to Bettamint’s reasonable satisfaction. If You do not do so, You will not be entitled to the benefits of the relevant promotions. You agree that You will only use such promotions for their intended use and will not abuse, duplicate, sell or transfer the promotions in any manner. You also understand that the promotions cannot be exchanged for cash and may expire on a certain date, even before You use them.
8.12. Where You choose to make payment using cash, You shall pay all Wage Fees and Additional Charges payable to the Worker Service Provider, and any other amounts payable to Bettamint, to the Worker Service Provider, who shall collect the amounts payable to Bettamint on behalf of Bettamint..
8.13. Where You choose to make payment using a non-cash payment method, You grant to Bettamint the full power and authority to debit the same using the default payment method designated in Your Account and remit the Wage Fees and Additional Charges on Your behalf to the Worker Service Provider, after deduction (where applicable) of the relevant amounts by Bettamint in accordance with its arrangements with the Worker Service Providers.
8.14. If third party payment methods are available via the User Application in Your Territory, Your use of a third party payment method is subject to the terms and conditions of the relevant third party providing such payment method, and may also be subject to separate fees imposed by the third party provider. Bettamint makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of such third party payment methods, and shall not be responsible to You or such third party provider in respect of Your use of any third party payment method, including any limitations, delays, or failures of the third party payment method.
8.15. All payments must be in the local currency in the Territory.
8.16. If Vouchers are available in Your Territory, Your use of Vouchers may be subject to Specific Terms and Local Terms. Please check these carefully before using Vouchers. Bettamint may at its absolute discretion reject Your request to use or purchase Vouchers for any reason. For the avoidance of doubt, Vouchers are not redeemable for cash, are not refundable under any circumstances and cannot be resold or exchanged for value.
8.18If You have been incorrectly charged a fee, you may contact us via the User Application or by email to firstname.lastname@example.org for assistance. Bettamint has sole discretion in determining whether to process any refund or return of payment to You and the mode of such refund or return of payment (including by way of Vouchers).
8.20 You agree to do everything necessary and required by Applicable Law to enable, assist and/or defend Bettamint to claim or verify any applicable input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the System and/or the Worker Services.
Indemnities and liability
9.1. You shall defend, indemnify and hold harmless Bettamint, its licensors and each such party’s Affiliates and their respective officers, directors, members, employees and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
9.1.2. Your use of the System and/or the Worker Services, including:
(a) any claim by You or a person acting on Your behalf that any Bettamint Group Company, rather than a Worker Service Provider, is the provider of the Worker Services;
(b) any third party claims (including claims by any Worker Service Providers) arising from Your use of the System and/or the Worker Services; and
(c) in respect of any items that You purchase, obtain using the Worker Services.
Basis on which the System is provided
9.3. Without limitation to clause 9.2, Bettamint makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the System, or that the System will be uninterrupted or error-free, or will operate in combination with any other hardware, software, system or data, or that any data will be accurate or reliable.
9.4. Bettamint does not provide and is not responsible for providing or ensuring the provision of the Worker Services. Bettamint does not guarantee the quality, suitability, quality or ability of the Worker Service Providers or any other third party providers.
9.5. The System may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by You, the Worker Service Provider, or other third party provider being faulty, not connected, out of range, switched off or not functioning. Bettamint is not responsible for any delays, delivery failures, damages or losses resulting from such problems. Bettamint shall not be responsible for any limitations, delays or failures of any Worker Service Provider and other third party provider, regardless of whether their systems, goods or services are accessible via the System.
9.6. Timelines specified for Worker Services are, unless expressly agreed otherwise by Bettamint in writing, indicative. Neither Bettamint nor the Worker Service Providers make any warranty, representation or undertaking that specified timelines will be met.
9.7. Bettamint is not liable for the download and use of User Application in a rooted or jailbroken device and such use of any rooted or jailbroken device is entirely at Your own risk. You understand and agree that Bettamint is not liable for any losses or any other consequences suffered or incurred by You as a result and we have the discretion to suspend Your use of Bettamint app in rooted device and block such rooted device from using the User Application.
9.9. To the maximum extent permitted by Applicable Law, Bettamint shall not be liable for:
9.9.1.indirect, incidental, special, exemplary, punitive or consequential damages;
9.9.2. loss of use, lost profits, lost data, lost business, lost goodwill, lost contracts or lost opportunity; and
9.9.3. personal injury or property damage, arising from, related to or otherwise in connection with the System or the Worker Services, whether in contract, tort, breach of statutory duty or otherwise.
Term and termination
10.2.1. at any time for any reason by giving notice to You; and
10.4.1. promptly (and in any event within three days), pay any money owed to Bettamint (which shall become immediately due and payable on termination or expiry), including any outstanding payments in connection with Worker Services ordered by You prior to termination or expiry; and
10.4.2. immediately delete and fully remove the User Application from Your Mobile Device or deactivate your account from your web application..
13.1. Bettamint shall not be liable for delay or failure in performance resulting from causes beyond Bettamint’s reasonable control.
13.2. You shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of Bettamint or any of its Affiliates.