Terms of Service

Terms of Service

‍Our Terms of Service govern your visit and use of the Betterteem website and applications and explains how we collect, safeguard, and disclose information that results from your use of the Betterteem platform. This Terms of Service has been updated on 15-Feb-2021.

1. Definition of Terms

As used herein, unless otherwise specified:

• (a) "Account/s" shall mean any of the following: Client Admin Account or User Account.
• ‍(b) "Techturelab" shall mean Techturelab Inc., the owner and operator of the Betterteem Platform, its successors-in-interest, and assigns.
• ‍(c) "Betterteem Account" shall mean the Client or User Account/s registered for use in the Betterteem Platform.
• ‍(d) "Betterteem Platform" shall refer to the application installed in the Mobile Device whereby the Client and User may access and/or use Betterteem via a Web or Mobile Device.
• ‍(e) "Client" shall mean the paying subscriber, usually a company or organization with access to the administrator features of the Betterteem Platform.
• ‍(f) “User” shall mean the employees or authorized assigns of the Client who is enrolled in the Betterteem Platform
• ‍(g) "Mobile Device" shall mean any portable computer, such as but not limited to smart phones and tablet computers, used by the Client to access the Betterteem Platform.
• ‍(h) "Third Party Licensor(s)" shall mean third parties engaged by Techturelab Inc. to grant license necessary for the Betterteem Platform to operate.

2. Grant of License and Applicability of Betterteem Terms of Service

Client and User acknowledge that Client and User are only granted a non-exclusive, on-sublicensable, non-transferable, enterprise and personal, limited license to install and use the Betterteem Platform only on Web Browsing Device and Mobile Device that Client and User own or control, solely for the use of the Client and User and in accordance with the terms of this Betterteem Terms of Service. The Betterteem Terms of Service shall be in addition to the Privacy Policy governing the use of the Betterteem Platform. In case of conflict between the Betterteem Terms of Service and the Betterteem Privacy Policy with regard to matters specific to the use of the Betterteem web and mobile Platforms, the Betterteem Terms of Service shall prevail.

3. General Rules Governing the Use of the Betterteem Platform.

Client and User hereby agree to be bound by the following general rules governing the use of Betterteem:

3.1. In order to use and/or avail of Betterteem, Client must:

• 3.1.1 Subscribe to a Betterteem plan;
• ‍3.1.2 Download the Betterteem Application and sign up for a Betterteem account.

‍3.2. Only Clients enrolled in Betterteem EX will be able to activate user accounts and gain full access and usage to the Betterteem Platform.
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‍3.3. Betterteem may, at any time, and for any reason whatsoever, without prior notice to Client and User, terminate or suspend Client or User's access to the Betterteem Platform, or to any or all the functionalities thereof. Likewise, Client and User shall remain accountable for all the transactions made using the Betterteem Platform prior to confirmation of the termination/cancellation request. In addition, access to / use of the Betterteem Platform may be terminated or suspended by Techturelab for any maintenance or repair work; for any breakdown in the hardware / software for Betterteem, any emergency or security reasons; or if Techturelab has reason to believe that the Betterteem Platform is or has been utilized to perpetrate fraudulent or unlawful acts; or for violation by Client or User of the Betterteem Terms of Service.

3.4. The services offered through the Betterteem Platform will be automatically terminated if the Client Betterteem subscription is closed, suspended, or expired.

3.5. A reference number will be automatically generated by the Betterteem Platform for every successful financial transaction which shall be sent to the enrolled mobile number and email address of Client and User for records purposes. Details of the transactions will be recorded in the Betterteem system and the same will be regarded as conclusive proof of the validity and authenticity of the transactions made.

3.6. Any and all services, features and enhancements of the Betterteem Platform that require user consent and subscription shall be confirmed through e-mail, push notifications, or alerts sent to Client or User. These e-mails, push notifications and alerts shall inform Client or User of the specific service, feature, or enhancement which Client or User has subscribed to and the exact duration of the subscription. Once a specific service, feature or enhancement has expired, another e-mail, push notification, and alert shall be sent to Client and User informing of the expiration of the stated subscribed service, feature, and enhancement.

3.7. Client and User give Techturelab a continuing authority to send Client and User messages via SMS, email, and other means of communication, relating to platform activities including awareness campaigns for the utilization of the Betterteem features, greetings, and other related messages Techturelab may deem as informative material from time to time.

3.8. The Client and User has full responsibility over the security of his/her Mobile Device/s, SIM card and confidentiality of his/her User ID and password/s. All transactions made through said Mobile Device/s/SIM card using the registered User ID and password/s through the Betterteem Platform, whether, valid or fraudulent, authorized, or unauthorized, shall be for the account of Client.

3.9. In the event Client or User loses his/her Mobile Device /SIM, it is the Client and User’s sole responsibility to reset his password through the Betterteem Platform or by contacting the Betterteem Help Center to avoid any unauthorized use of Client or User’s Accounts.

4. Disclaimer

Techturelab shall not incur liability in any of these cases:

• 4.1. Techturelab is unable to receive or execute any of the requests from Client or User due to reasons beyond the control of Techturelab;
• ‍4.2. There is loss of information during processing or transmission or any unauthorized access by any other person or breach of confidentiality due to reasons beyond the control of Techturelab;
• ‍4.3. There is a loss of any kind, whether direct or indirect, incurred by Client or User or any other person due to any failure or lapse in the Betterteem Platform;‍
• 4.4. Any loss, cost, or damages suffered by Client, User, or any third person as a result of, or caused by any delay in transfer, non-transfer of funds and/or debiting and/or crediting of funds carried out by Techturelab, and/or default on the part of Techturelab in performing the Betterteem Platform due wholly or in part, to defects, delays, malfunctions, interruptions, failures, or breach of security in Techturelab’s computer system, and/or causes beyond the control of Techturelab;
• ‍4.5. There is a lapse or failure on the part of the service providers or any third party supporting the Betterteem Platform, which includes but not limited to Third Party Licensors. Techturelab does not make any warranty as to the quality of the service provided by any provider in connection with the Betterteem Platform;
• ‍4.6. There is a failure, delay, interruption, suspension, restriction, or error in the transmission of any information or message to and from the Mobile Device of Client or User and the network of any service provider and Techturelab’s system;
• ‍4.7. There is a breakdown, interruption, suspension or failure of the Mobile Device of Client, Techturelab’s system or the network of any service provider and/or any third party who provides such services which causes a delay or failure to provide the Betterteem Platform;
• ‍4.8. Betterteem Platform is not compatible with / does not work on the Mobile Device or SIM of Client;
• ‍4.9. Claims that resulted from breach or failure of Client or User to perform any obligation and/or warranties covered by the Betterteem Terms of Service and/or separate agreements with Third Party Licensors, regardless of whether such breach or failure is done willfully or not or merely by negligence or lack of knowledge;
• ‍4.10. Any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings, goodwill, or loss of use or value of any equipment including software, whether foreseeable or not, suffered by Client or User or any person from or relating to any delay, interruption, suspension, resolution, or error in receiving and processing the request and in formulating and returning responses.
• ‍4.11.There is a loss or claim of any kind, including but not limited to loss of data or information arising from any unauthorized, unlawful, or fraudulent access to or use by any third party of the Mobile Device of Client or User, which includes hacking, or when the Mobile Device has been subjected to tampering, or is non-compliant with the standards of the manufacturer, such as but not limited to cases of "jailbreaking", "rooting", "unlocking", use of outdated or unlicensed software systems, or other similar activities.

5. Indemnity

By subscribing to the Betterteem Platform and its service offerings, Client and User agree to indemnify and hold Techturelab, its directors, officers, employees and assigns, free and harmless against all actions, claims, demands, proceedings, loss, damages, costs, charges and expenses which Techturelab, Client, User or any third party may at any time incur, sustain, suffer or be put to, as a consequence of or arising out of or in connection with the Client and User’s use of the Betterteem Platform. Client and User shall indemnify Techturelab and hold it free and harmless against any and all claim, action, loss, damage, or liability arising from any unauthorized, unlawful, or fraudulent access to or use by any third party of the Betterteem Platform; from breach of confidentiality or security of Client and User login credentials, Mobile Device, and SIM; from any unauthorized, unlawful or fraudulent transactions made via the Betterteem Platform, and/or from any harmful or malicious third party application/s installed or downloaded, whether advertently or inadvertently, on Client or User Mobile Device.

6. Third Party Licensors

Client and User agree and warrant the following:

• ‍6.1. Client and User understand that the grant of license to use the Betterteem Platform under the Betterteem Terms of Service may be revoked at any time at the discretion of Techturelab.
• ‍6.2. Client and User will not decompile or reverse engineer the Betterteem Platform. All rights not expressly granted to Client or User under this Betterteem Terms of Service are specifically reserved by Techturelab.
• ‍6.3. Client and User agree that the Betterteem Terms of Service is an agreement between Client/User and Techturelab. Third Party Licensor is not a party to the Betterteem Terms of Service and does not own and shall not be responsible for the Betterteem Platform, including but not limited to (i) any warranties and/or support obligations related to the Betterteem Platform, if any, and/or (ii) claim arising from the use thereof.
• ‍6.4. Client/User agree that Third Party Licensors are third party beneficiaries to this Betterteem Terms of Service and that, upon Client/User acceptance of said terms and conditions, any and all Third Party Licensors will have the right to enforce this Betterteem Terms of Service against Client/User as a third party beneficiary thereof.
• ‍6.5. Client will protect all the trademarks and service marks of Techturelab and its Third Party Licensors associated with the use of the Betterteem Platform.

7. Disputes of Unauthorized Transactions

Transactions are authorized when Client or User is authenticated and logged-in to the Betterteem Platform; this shall be sufficient evidence that any and all activity has been made and validated and cannot be disputed by Client or User. The details in the notification/SMS/email confirmation message after every transaction and/or the entries in the Statement of Account or Account Summary Details are conclusively presumed true and correct unless Client or User notifies Techturelab in writing of any dispute thereon within thirty (30) days from the date of transaction. Disputed transactions shall only be credited back to Client or User Betterteem Platform account once the claim/dispute has been properly processed, investigated, and proven to be in favor of Client or User.

‍8. Other Provisions

Techturelab reserves the right to amend or modify the Betterteem Terms of Service at anytime by posting on the Betterteem website or sending the revised Betterteem Terms of Service through the inbox feature of the Betterteem Platform and the revised Betterteem Terms of Service shall be effective at such time. The continued use by Client or User of the Betterteem Platform will constitute acceptance of the revised and/or modified Betterteem Terms of Service. Any inquiries or complaints relating to the use of the Betterteem Platform, including those pertaining to intellectual property rights, must be directed to the Betterteem Help Center at the contact details indicated at Betterteem website: www.betterteem.com.