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Worker Services
Agreement

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About this Agreement

Please read this Agreement carefully. This is an electronic agreement and by registering for or using any part of the System, You confirm that You have read, understood, accepted and agreed with these Terms of Use and will be bound by them. If You do not agree to be bound by these Terms of Use, You may not access or use any part of the System. These Terms of Use constitute a binding legal agreement between You, an individual User (You or Your) and Bettamint Technologies Pte Ltd (UEN 202220701E) (Bettamint). If applicable, Your use of the System as a Service Provider will be governed by the Bettamint Worker Services Agreement.

About Bettamint

Bettamint is a technology services company. It provides a system to connect individual daily wage workers 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 by You to users, and You act as an independent, third party contractor, carrying out business on your own account, not under the employment of any Bettamint Group Company.

Definitions and Interpretation

3.1     In this Agreement, the following terms have the following meanings:

  • Account   means the registered account You obtain to access the Services;
  • Additional Charges   is defined in clause 9.4;
  • 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;
  • Agreement means this Bettamint Worker Services Agreement, all applicable Local Terms and all applicable Specific Terms;
  • Applicable Law means all applicable laws, by-laws, enactments, regulations, regulatory policies, ordinances, protocols, industry codes, road traffic codes, regulatory permits, regulatory licences or requirements of any court, tribunal or governmental, statutory, regulatory, judicial, administrative or supervisory authority or body, which are in force from time to time during the term of this Agreement;
  • Worker Application means the electronic application supplied by Bettamint and/or Bettamint Group Companies for daily wage workers to connect with Users;
  • Worker Wallet means the feature within the Worker Application that records the amounts payable by Users to the Worker,, or by the Worker to Bettamint (as the case may be);
  • 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 Worker Application;
  • Policies means the Community Guidelines, the Privacy Policy, and any other policies, guidelines or information made available by Bettamint from time to time (including via the Services, the Website, the Policies, or to Your email address set out in Your Account), in each case as updated from time to time;
  • Services mean the services provided by Bettamint to connect individual workers or  with Users, including via the Worker Application, the User Application and related software, websites, platforms, and other support systems and services. For the avoidance of doubt, the Services provided by Bettamint do not include the Worker Services themselves,, as these are provided by You directly to Users;
  • Service Fees is defined in clause 9.8;
  • Specific Terms means the supplementary or alternative terms which may apply to certain specific parts of the Services and/or Worker Services, as may be notified to You from time to time;
  • Territory means the territory in which You are registered to use the Services, as specified in Your Account;
  • Worker Services means the provision of the services, by You to Users;
  • 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 Workers;
  • Wage Fees is defined in clause 9.3;
  • User Information means information about a User made available to You by or on behalf of Bettamint or its Group Companies, which may include the User’s name, reporting location, daily wage offered, duration of work, contact information and photo
  • User Terms of Use means the terms of use that apply to a User’s use of the User Application, as updated from time to time; and

3.2     In this Agreement (except where the context otherwise requires): (a) a reference to “writing” does not include email unless otherwise specified; and (b) any phrase introduced by the terms “including”, “include”, “in particular”, “for example”, or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. This Agreement is drafted in the English language. If this Agreement is translated into another language, the English language text shall in any event prevail. In the event of any inconsistency, the Local Terms shall prevail over the terms set out in this document.

Your responsibilities

  • Your commitments to Bettamint
    4.1     You represent, warrant and undertake on a continuing basis throughout the term of this Agreement that:
    • 4.1.1 You have full power and authority to enter into this Agreement and perform Your obligations under this Agreement;
    • 4.1.2 You are able to operate under law and have a valid identification and all the other required licences, approvals, authorities and consents to provide the Worker Services in the Territory as required by Applicable Law;
    • 4.1.3  You are at least 18 years of age (or, if the age at which You are permitted to provide the Worker Services under Applicable Law in the Territory is higher than 18, You are of at least that age);
    • 4.1.4 You have and will maintain a valid policy of insurance to cover any anticipated losses related to the provision of the Worker Services, in each case covering damage to You, any goods or other items, and any third parties, at a level of coverage that satisfies the minimum requirements under Applicable Law and the Policies. Bettamint does not control, or advise You on, Your insurance arrangements, nor is it obliged to arrange the insurance on Your behalf;
    • 4.1.5 You will comply at all times with all Applicable Laws, the Policies, and the terms of service and quality standards of the Users (where applicable), and will notify Bettamint if You are in breach of any Applicable Laws, the Policies or the terms of service and quality standards of the User;;
    • 4.1.6 You will only use the Services for lawful purposes and only for the purposes for which they are intended to be used;
    • 4.1.7 You do not have a criminal record in the Territory or any other jurisdiction;
    • 4.1.8 You will promptly provide Bettamint with any additional documents or information requested by Bettamint, including proof of identity. You acknowledge that You may be subject to background, criminal record and social security, health record checks from time to time and You will cooperate with these as required by Bettamint;
    • 4.1.9 You shall ensure that any documents and information provided by You (or on Your behalf) to Bettamint are at all times accurate, current, complete and not misleading;
    • 4.1.10 You shall only use an internet access point and data account which You are authorised to use;
    • 4.1.11 You shall not engage in any fraudulent, misleading, deceptive, illegal or criminal conduct; and
    • 4.1.12 You shall not impair or circumvent the proper operation of the system or network which the Services operate on.
  • 4.2     You are the provider of the Worker Services and shall therefore be solely responsible for the safe, efficient and proper performance of Worker Services using all reasonable care and skill. You are responsible for Your own safety, and that of Users, in the performance of the Worker Services, and You shall take all necessary precautions.
  • Your interactions with Users

4.3     Your provision of Worker Services to Users creates a direct relationship between You and the User, to which Bettamint is not a party. Bettamint is not responsible or liable for the acts or omissions of a User in relation to You. To the maximum extent permitted by Applicable Law, You have the sole responsibility for any obligations or liabilities to Users or third parties that arise from Your provision of the Worker Services.

4.4     Although You are solely responsible for the Worker Services, Bettamint has the right to deal with any complaints that Users have through Bettamint’s complaints handling process, or any complaints that You may have about any User. You agree to cooperate fully with such a process, and to submit any complaint You may have via the Worker Application. Bettamint also reserves the right, at its sole discretion, to redirect any such complaints to You directly and may choose to facilitate discussions with the User. You agree to comply with Applicable Law, the terms of this Agreement and the Policies in Your handling of such User complaints. Bettamint’s complaints handling process shall not exclude any rights or remedies that cannot be excluded or limited under Applicable Law.

Your interactions with third parties

4.5     You may currently have, or may have an opportunity to enter into arrangements with a third party via the Services. Any such arrangements will be solely between You and the applicable third party, and Bettamint has no responsibility or liability in relation to such arrangements. Bettamint does not endorse any third party providers, applications or websites that are available through the Services, 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, applications or websites.

Your Account

  • 5.1     In order to access the Services as an individual worker, You must register for and maintain an Account as a user of the Worker Application.

  • 5.2     You are responsible for all activities conducted on Your Account. You:

5.2.1 must only have one Account;

5.2.2 must keep Your Account information (including Your login 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; and

5.2.4 must promptly notify Bettamint if You suspect any unauthorised access to or use of Your Account.

  • 5.3     Bettamint reserves the right to block or deny access to Your Account, and/or block features available in the Worker Application, at any time, with or without notification, without prejudice to its other rights and remedies:

5.3.1 if Bettamint deems, in its sole discretion, that You have violated any term of this Agreement or the Policies;

5.3.2 during an investigation;

5.3.3 if You owe any money to Bettamint or its Group Companies;

5.3.4 if the balance of Your Worker Wallet falls below the minimum threshold specified by Bettamint from time to time;

5.3.5 if this Agreement is terminated for any reason;

5.3.6 if Bettamint deems, in its sole discretion, that Your Account may be used for or be involved in any fraudulent, illegal or other criminal activity; and/or

5.3.7 at any other time in Bettamint’s reasonable discretion.

  • In such an event, any outstanding balance in Your Worker Wallet will be withheld and/or forfeited (in the event of a permanent suspension of Your Account) and You shall not hold Bettamint liable for the withholding or forfeiture of any such amount.
  • 5.4     If Your Account has been inactive for a period of six (6) consecutive months, You agree that Bettamint may suspend Your Account and/or charge You an administrative fee for maintaining Your Account, which shall be deducted from Your Worker Wallet balance. Any such action will be notified to You by us from time to time (including via the Policies). Before Your Account is suspended, You will have an opportunity to withdraw any outstanding balance in Your Worker Wallet and may, at any time submit a request to Bettamint to restore access to Your Account, in accordance with the process notified to You. Bettamint shall have sole discretion in determining whether access to Your Account or any Services may be restored.

Your use of the Services

  • 6.1     Subject to Your compliance with this Agreement, Bettamint and its licensors grant You a revocable, limited, non-exclusive, non-transferable, royalty-free licence during the term of this Agreement and in the Territory, to access and use the Services, including the Worker Application and any information and materials provided through the Worker Application, solely for Your personal use for the purpose of connecting You with Users in respect of Worker Services.
  • 6.2     All rights not expressly granted to You under this Agreement are reserved by Bettamint and its licensors. Nothing in this Agreement transfers any ownership in or to the Services (in whole or in part) to You.
  • 6.3     In using the Services, 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 Services in any way;

6.3.2 modify or make derivative works based on the Services, or reverse engineer or access the underlying software for any reason;

6.3.3 use the Services to build a competitive product or service, build a product using similar ideas, features, functions or graphics as the Services, copy any ideas, features, functions or graphics of the Services, 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 Services, or attempt to gain unauthorised access to the Services 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 Services;

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 Services;

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, libellous, 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 Services 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 User, or any other party;

6.3.14 damage Bettamint’s or any of its Group Companies’ reputation in any way; or

6.3.15 use the Worker Application on any device or operating system that has been modified outside the mobile device or Bettamint’s operating system and configurations. This includes devices that have been “rooted” or “jailbroken”. A rooted or jailbroken device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufactured without their approval. The use of the Worker Application on a rooted device may compromise security and lead to fraudulent transactions.

Your Mobile Device

  • 7.1     Your access to the Worker Application will be through a Mobile Device. It is Your responsibility to check and ensure that You download the correct software (including the latest version of the Worker Application) for Your Mobile Device. 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 Worker Application) for Your Mobile Device.
  • 7.2     You are solely responsible for the procurement and use of the Mobile Device including but not limited to the purchase of the Mobile Device itself.
  • 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 Services may consume large amounts of data and that You will be solely responsible for such usage and the associated fees.
  • 7.4     If a Mobile 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.
  • 7.5     You may only access Your Account through the Mobile Device which uses the telephone number provided to Bettamint during the Account registration. You must not lend, lease or transfer the Mobile Device to any other person for the purpose of accessing Your Account without Bettamint’s prior written consent.

Your relationship with Bettamint

  • 8.1     Your relationship with Bettamint is that of an independent contractor. You expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship (including from a labour law, tax law or social security law perspective), between Bettamint and You, nor result in You being engaged by Bettamint as a worker or a deemed worker; and (b) no joint venture, partnership, or agency relationship exists between Bettamint and You. You have no authority to bind Bettamint and You undertake not to hold Yourself out as an employee, agent, worker or representative of Bettamint.
  • 8.2     You acknowledge that Bettamint does not, and does not seek to, exercise any general rights of control over You and Your activities. You retain the absolute discretion to accept, decline, or cancel any request for Worker Services via the Worker Application and to determine how long You wish to use the Services for. If You no longer wish to use the Services, You can choose to cease doing so at any time. You have complete discretion as to whether to use the Services. You are also free in Your absolute discretion to engage in any occupation or business of Your choosing.
  • 8.3     If, notwithstanding clauses 8.1 and 8.2, You are found to be an employee, agent, worker or representative of Bettamint or any Bettamint Group Company by mandatory provision of Applicable Law, You agree that any payments made to You will be taken to be inclusive of: (a) superannuation contributions; (b) social security and insurance contributions and premiums, employee insurance contributions and premiums, compulsory government saving fund contributions and equivalent contributions; and (c) amounts equivalent to all taxes (including but not limited to income taxes) payable by You in respect of those payments; and (d) equivalent or analogous payments or liabilities in any jurisdiction, in each case that Bettamint may be required to pay by such mandatory provision of Applicable Law.

Financial Terms

  • Worker Wallet
  • 9.1     Payments to and from You made under this Agreement will be administered via the Worker Wallet, and You grant to Bettamint the full power and authority to receive any amounts payable to You on Your behalf and to deduct any amounts payable to Bettamint in accordance with this Agreement. Subject to the terms of this Agreement, You may withdraw the balance in Your Worker Wallet via the Worker Application. You must designate a valid local currency account with a bank in the Territory to receive such balance.
  • Worker Application
  • 9.2     Payment for Your use of the Services shall be made in accordance with clause 9.8. The download and/or use of the Worker Application is provided for You to receive the Services and is provided on a royalty-free basis.
  • Wage Fees and Additional Charges
  • 9.3     You are entitled to receive from Users; a fee for Worker Services, which may include:

9.3.1 a fee (metered or otherwise) for each instance of Worker Services;

9.3.2 any other amounts payable by the User to You in accordance with the User Terms of Use or the Policies; and

9.3.3 any applicable taxes in respect of the above, calculated by Users in accordance with Applicable Law

(together, the Wage Fees).

  • 9.4     You may be allowed to charge Users and/or other parties certain additional fees, which may include:

9.4.1 any overtime charges, and any other applicable surcharges (such as but not limited peak hour and midnight surcharges), necessarily incurred by You during the provision of Worker Services;

9.4.2 any cancellation charges;

9.4.3 any other amounts in accordance with the User Terms of Use or the Policies; and

9.4.4 any applicable taxes in respect of the above, calculated in accordance with Applicable Law

(together, the Additional Charges).

  • 9.5     As part of the Services, Bettamint facilitates the User’s payment of the Wage Fee as set by the User and Additional Charges as calculated Bettamint for each instance of Worker Services, any cancellation or other charges and/or taxes (as applicable). By accepting a job you are deemed to have accepted the wage fees for provision of the Worker Services.
  • 9.6     Bettamint may update the basis on which any component of Wage Fees or Additional Charges (as applicable) is calculated via the Worker Application, at any time in its absolute discretion. Any such update will be notified to You. Any Wage Fees or Additional Charges on or after the date on which the update takes effect shall be subject to the updated calculation.
  • 9.7     You acknowledge and agree that Bettamint may, to the extent permitted by Applicable Law, adjust or cancel the Wage Fees or Additional Charges (or any part thereof) payable in connection with a particular instance of Worker Services, acting reasonably (for example, where Bettamint determines that there is an error in the original calculation, that You have not complied with this Agreement or the Policies, that a fee was charged when it should not have been (or vice versa), or in the case of a complaint from a User).
  • Payment Methods
  • 9.8     Users may choose to pay the Wage Fees, the Additional Charges, and any other amounts payable by Users to Bettamint, by the payment methods offered via the User Application from time to time, including (where applicable) netbanking, IMPS, NEFT, UPI, cash, credit or debit card or by using Vouchers, as follows:
    • 9.8.1 for cash payments, Users will pay the Wage Fees and Additional Charges payable to You, and any other amounts payable by Users to Bettamint, directly to You. For this purpose, You agree to collect any amounts payable by Users to Bettamint on behalf of Bettamint, and that Bettamint is entitled to deduct such amounts, together with any other amounts You owe to Bettamint (including the Service Fee) from Your Worker Wallet; and
    • 9.8.2 for any non-cash payments, the amount of the Wage Fees and Additional Charges, after deduction of any amounts owed to Bettamint (including the Service Fee), will be credited into Your Worker Wallet via the Worker Application.
  • Incentive Payments
  • 9.9     Bettamint may from time to time, in its sole discretion, offer incentive payments based on You meeting specified criteria and complying with specified conditions, this Agreement and the Policies. You have absolute discretion as to whether or not to participate in the offer. If You do decide to participate, any incentive payments are conditional on You meeting all of the specified criteria and complying with all of the specified conditions, this Agreement and the Policies to Bettamint’s reasonable satisfaction. If You do not do so, You may not receive the relevant incentive payments. If You receive an incentive payment, the amount of the payment will be credited into Your Worker Wallet.
  • Service Fees

  • 9.10     Bettamint will receive a service fee equal to a certain percentage of the Wage Fees, or may deduct a flat amount from the Wage Fees (less any applicable tax component therein) received or receivable by You, on a per-transaction basis, as payment for Your use of the Services (Service Fees). Service Fees shall be inclusive of VAT/GST. Service Fees are non-refundable. The relevant percentage will be calculated via the Services from time to time and may be applied at any time by Bettamint. Bettamint may update the basis on which the Service Fees are calculated via the Services, at any time in its absolute discretion. Any such update will be notified to You. Any Service Fees payable to Bettamint on or after the date on which the update takes effect will be subject to the updated calculation. As part of the Services, a receipt or transaction history will be generated for each instance of Worker Services, documenting the Wage Fees payable by the User in each instance.

  • 9.11     Bettamint will deduct the Service Fees, as well as any amount You owe to Bettamint or its Group Companies and any other amounts Bettamint is required to withhold or deduct by Applicable Law, from Your Worker Wallet, at a frequency determined by Bettamint in its discretion from time to time.
  • 9.12   You acknowledge and agree that Bettamint may:
    • 9.12.1 require You to maintain an amount of money above a certain threshold in Your Worker Wallet, as determined and specified by Bettamint at its sole discretion from time to time;
    • 9.12.2 deduct or set-off from amounts owed to You (including the Wage Fees or any incentive payments) any amounts that You owe to Bettamint (including the Service Fees), or require You to remit to Bettamint any amounts that have been incorrectly remitted to Your designated bank account;
    • 9.12.3 where You have authorised a third party to receive amounts in Your Worker Wallet, disable the function allowing You to withdraw the balance in Your Worker Wallet, and/or remit such amounts to such third party and, for this purpose, Bettamint shall be entitled to rely on any written authorization provided to Bettamint by You and/or such third party without further inquiry; and
    • 9.12.4 without prejudice to Bettamint’s other rights and remedies, suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or may involve any criminal activity or where it reasonably believes You or the User are in breach of this Agreement or the Policies. In such an event, You shall not hold Bettamint liable for any withholding of, delay in, suspension of, or cancellation of, any payment (including any Wage Fees or incentive payments) to You, and for this purpose, Bettamint shall be entitled to deduct any amounts from Your Worker Wallet.

  • Taxes

  • 9.13     This Agreement shall be subject to all applicable prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any applicable future taxes that may be introduced at any point of time.
  • 9.14     You agree that You are solely responsible for taxes on Your own income arising from Your performance of the Worker Services. You warrant that You will perform the necessary obligations imposed by the relevant tax or revenue authority in relation to the reporting of Your income and payment of taxes on the same.
  • 9.15     You agree that Bettamint may in its sole discretion (but subject always to clause 8) declare, collect and/or pay any relevant taxes on Your behalf, and disclose all necessary or relevant information to the relevant tax or revenue authority for such purposes. To the extent authorised or permitted under Applicable Law, Bettamint shall be entitled to withhold or deduct any amounts from Your Worker Wallet for the purpose of declaring, collecting, and/or paying any relevant taxes on Your behalf.
  • 9.16     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 Services.

Warranties, indemnities and liability

  • Indemnities

  • 10.1   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:
    • 10.1.1 Your breach of any term of this Agreement, the Policies, or any Applicable Law;
    • 10.1.2 Your provision of the Worker Services;
    • 10.1.3 Your use of the Services;
    • 10.1.4 taxes and tax liabilities, duties, levies, claims and penalties that are imposed on You and/or on any Bettamint Group Company in connection with Your own income arising from Your performance of the Worker Services or otherwise arising from Your failure to comply with Your tax obligations; and
    • 10.1.5 any claim asserting that You are an employee, worker, agent or representative of Bettamint or any Bettamint Group Company, or if You may be deemed to be an employee, worker, agent or representative of Bettamint or any Bettamint Group Company, any claims by any other person, entity, regulator or government authority based on such implied employment, worker, agency or representative relationship, including in respect of superannuation contributions, wages, duties, withholdings, social security and insurance contributions and premiums, employee insurance contributions and premiums, compulsory government saving fund contributions and equivalent or analogous payments or liabilities in any jurisdiction, and, for this purpose, Bettamint shall be entitled to deduct any amounts from Your Worker Wallet.
  • Basis on which the Services are provided
  • 10.2   The Services are provided “as is” and “as available”. To the maximum extent permitted by Applicable Law, Bettamint disclaims all representations and warranties, express, implied or statutory, save as expressly set out in this Agreement, including any warranties of merchantability, fitness for a particular purpose, reasonable care and skill and non-infringement.
  • 10.3   Without limitation to clause 10.2, Bettamint makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services, or that the Services 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. Bettamint does not guarantee the quality, suitability, safety or ability of third party providers. Bettamint does not guarantee that Your use of the Services will generate any minimum number of requests for Worker Services or any minimum Wage Fees for You. The Services 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 or the User 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.
  • Exclusions and limitations of liability
  • 10.4   Nothing in this Agreement limits or excludes a party’s liability for death or personal injury caused by negligence, for fraud, or for any other liability to the extent it cannot be limited or excluded under Applicable Law.
  • 10.5   To the maximum extent permitted by Applicable Law, Bettamint shall not be liable for:

    • 10.5.1 indirect, incidental, special, exemplary, punitive or consequential damages;

    • 10.5.2 loss of use, lost profits, lost data, lost business, lost goodwill, lost contracts or lost opportunity; and
    • 10.5.3 personal injury or property damage,arising from, related to or otherwise in connection with the Services or this Agreement, whether in contract, tort, breach of statutory duty or otherwise.
  • 10.6   To the maximum extent permitted by Applicable Law, in no event shall Bettamint’s maximum aggregate liability arising under and in connection with the Services and/or this Agreement, whether in contract, tort, breach of statutory duty or otherwise, exceed the Service Fees paid to Bettamint in connection with Your Account in the six (6) month period immediately preceding the event giving rise to the claim.
  • 10.7   Any claims You have against Bettamint under or in connection with the Services or this Agreement must be notified to Bettamint within one year after the events giving rise to such claim, failing which (to the maximum extent permitted by Applicable Law) You will forfeit any rights and remedies You have in respect of such claim.

Term and termination

  • 11.1   This Agreement shall continue until terminated in accordance with its terms.
  • 11.2   Bettamint may terminate this Agreement:
    • 11.2.1 at any time for any reason by giving notice to You;
    • 11.2.2 immediately, with or without notice, if You are in breach of any term of this Agreement, without prejudice to Bettamint’s other rights and remedies; and
    • 11.2.3 immediately, with or without notice, if You are breach of any other agreement with Bettamint.
  • 11.3   You are under no obligation to use the Services and may cease using them at any time in Your sole and absolute discretion by permanently deleting the Worker Application from Your Mobile Device, thus disabling Your use of the Worker Application. This Agreement is automatically terminated when You permanently delete the Worker Application from Your Mobile Device or if Your Account is closed.
  • 11.4   On termination or expiry of this Agreement for any reason, You shall:

    • 11.4.1 immediately delete and fully remove the Worker Application from Your Mobile Device;

    • 11.4.2 immediately cease using the Services (save to the extent that You are permitted to use the User Application as a User pursuant to the User Terms of Use); and
    • 11.4.3 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) (and, for this purpose, Bettamint shall be entitled to deduct the relevant amount from Your Worker Wallet).
  • 11.5   The parties shall have no further obligations or rights under this Agreement after termination or expiry of the Agreement, without prejudice to any obligations or rights which have accrued to either party at the time it is terminated, save that the provisions of clauses 2, 3, 8, 9.11 to 9.14, 10, 11, 12, 13 and 14 of this Agreement and any other clause which expressly or by its nature is intended to survive, shall continue to have effect after the end of this Agreement.

Privacy

  • 12.1   You agree and consent to Bettamint using and processing Your personal information as set out in our Privacy Policy, as amended from time to time.
  • 12.2   To the extent that You have access to any personal information in connection with the Services, You agree to process it in accordance with Applicable Law, the Policies (including the Privacy Policy) and Bettamint’s instructions. Without limitation, in using the Services, You may have access to certain User Information. You agree that Your Use of such User Information shall be strictly limited to usage as is necessary in order to perform the Worker Services in accordance with this Agreement. Without limitation, You shall keep the User Information secure and shall not share the User Information with anyone else, or retain a copy of the User Information, or use it for any other purpose.

Disputes

  • 13.1   This Agreement (and any and all disputes arising out of or in connection with this Agreement (including any alleged breach, or challenge to the validity or enforceability, of this Agreement or any provision hereof)) will be subject to the laws of Singapore.
  • 13.2   Any and all disputes arising out of or in connection with this Agreement will be finally settled by binding arbitration under the Arbitration Rules of the Singapore International Arbitration Centre (Rules) (which Rules are deemed to be incorporated by reference into this Agreement) by one arbitrator, appointed in accordance with the Rules. The arbitration will take place in Singapore and the language of the arbitration will be English.

General

  • 14.1   Bettamint shall not be liable for delay or failure in performance resulting from causes beyond Bettamint’s reasonable control.
  • 14.2   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 affiliated companies.
  • 14.3   Bettamint may amend this Agreement at its sole discretion from time to time. Bettamint will use its reasonable endeavours to notify You of any material changes to the Agreement; however You agree that it is Your responsibility to review the Agreement regularly and Your continued use of the Services will constitute Your acceptance to the amendments. Otherwise, no addition to or modification of this Agreement will be binding on the parties unless made in writing by the parties.
  • 14.4   The rights of each party under this Agreement may be exercised as often as necessary, are cumulative and not exclusive of rights or remedies provided by law and may be waived only in writing and specifically. Delay in the exercise or non-exercise of any right is not a waiver of that right.
  • 14.5   This Agreement constitutes the entire agreement and understanding of the parties relating to the subject matter of this Agreement and supersedes any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby also exclude all implied terms in fact. In entering into this Agreement, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in this Agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this clause it might otherwise have had in relation to any of the foregoing. Nothing in this Agreement excludes liability for fraud or any other liability that cannot be limited or excluded under Applicable Law.
  • 14.6   You may not assign, sub-license, transfer, subcontract, or otherwise dispose of any of Your rights or obligations, under this Agreement without Bettamint’s prior written consent. Bettamint may at any time assign, sub-license, transfer, subcontract or otherwise dispose of its rights or obligations under this Agreement without notice or consent (save to the extent required by Applicable Law).
  • 14.7   If any Court or relevant authority determines that any part of this Agreement is illegal, invalid or unenforceable under Applicable Law, the remaining parts of this Agreement will remain in full force and effect and the relevant part will be replaced with a provision that is legal, valid and enforceable and that has, to the maximum extent possible, an equivalent effect to the substituted part of this Agreement.
  • 14.8   A person who is not a party to this Agreement has no right to rely upon or enforce any term of this Agreement.
  • 14.9   Bettamint may give notice to You by means of a general notice published on the Worker Application or otherwise via the Services, the Website, the Policies, or to Your email address set out in Your Account. You must give notice to Bettamint by email to workercare@bettamint.com