BetterPlace APP–Terms of Use

This mobile application named ‘BetterPlace’ and website https://www.betterplace.co.in/, are owned by Betterplace Safety Solutions Private Limited (hereinafter referred to as “The Company “) incorporated under the Companies Act, 2013, having its registered office at 144, 144/1, 3rd Floor, Shubharam Complex, M.G. Road, Bengaluru-560001, Karnataka, India.

This Terms of Use Agreement (“Agreement”), including the Company Privacy Policy which is hereby incorporated into this Agreement by reference, sets forth the legally binding terms for your use of the Services/Platform. These Terms of Use (the “Terms”) govern your access to and use of https://www.betterplace.co.in/(“Website”) or the mobile application BetterPlace (“App”), (collectively referred to as the “Platform”). This policy outlines our personal information handling practices for both online and offline data.  By accessing and using our platform, you agree to comply with these Terms. 

For the purpose of these ‘Terms of Use’, any person who has agreed to become the user of our Platform by providing registration details when registering on our platform as a registered user means “You” or “User” and the term “we”, “us”, “our” shall mean ‘Company’, whenever the context demands that such information be.  

BetterPlace is a public platform with free access to any one on non-exclusive basis and the Company assumes no liability for the quality and genuineness of responses. The Company cannot monitor the responses that a person may receive with respect to information he/she has displayed on the Platform. The user would have to conduct their own background checks on the bonafide nature of all response(s).

  1. Eligibility: Only individuals eligible under applicable law to enter into legally binding contracts are eligible to use this platform (“BetterPlace”). Our platform is not authorized for use by persons who are “incompetent to contract” under the scope of the Indian Contract Act, 1872 (as may be amended from time to time), including but not limited to persons of unsound mind, minors or un-discharged insolvents, etc. We reserve the right, at our absolute discretion, to deny membership or cancel your membership or to refuse to allow you access to the Platform or the provision of any service(s) without assigning any purpose whatsoever in the event that you are disqualified.
  2. This platform shall not be accessible to individuals whose membership has been revoked or terminated by us for any cause whatsoever. The User by registering themselves on platform, reflect that they have authorise to bind the entity to these terms and conditions. You reflect and warrant that you are entitled to use the platform and that you have the privilege, authority, and ability to use the platform and consent to and comply with these Terms.
  3. Communications: You agree and understand that you are communicating with us via electronic records when you use the platform or send us emails or provide us with other data, information or contact, and you consent to receive communications from us through electronic records periodically and as and when necessary whether electronic or otherwise.
  1. Term and Termination: This Agreement shall remain in full force and effect (a) while you use the services in any Way. If you wish to terminate this Agreement, you may do so by notifying the Company at any time and for closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination.  
  1. Use of the mobile application/Services: The platform may only be used for legitimate purposes by any user. You also represent and warrant to the Company that you will use our platform in a manner consistent with all applicable laws and regulations.

You agree to this Agreement on behalf of yourself or on behalf of the Legal Entity that you may represent and promise that you have the right to bind yourself towards this agreement. 

You agree to notify us without delay if you suspect any unauthorized use of your account or access to your phone no. You are solely responsible for any and all use of your Account. You accept that the Company owns exclusive intellectual property rights with regards to our platform.

  1. Registration Information: You will be asked for some information when you register yourselves on the platform, including, without limitation, your name, location, contact details, email address, etc. (“Information”). You are responsible for keeping your login credentials and other access information private, and for all activities that take place under your user name. To protect you and the other users of our system from identity theft and fraud, we may ask to upload any government identifying Data for the purpose of verification of user identity. You consent to inform us of any improper use of your account immediately.

Alerts: In the context of Company’s ‘alerts’ service, the you give consent to Company to use your personal information, such as cellular phone number(s), to send relevant job alerts, application update or other related information through WhatsApp, IVR tool along with SMS etc. as and when they become available. 

  1. By providing Company with a mobile phone number, you confirm that you are the primary user to the telephone number entered, and you expressly consent to receiving communication via such mobile number. When you give Company a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for.
  1. The Company may determine these recommended jobs or services/alerts are on the basis of a variety of factors, including but not limited to, any information you provided to the company about yourself, preferences, jobs you click on, jobs you apply to, or the details you provide in a job application to an Employer through our platform. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.
  1. Third-Party Websites: The company platform may contain service links to third-party websites (“Third-Party Websites”) (a) placed by us as a service to those interested in this information; or (b) posted by other Users. You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. When you leave the platform site, our terms and policies no longer govern.
  1. Platform Restrictions: You shall not use this platform n in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation platform Content: 
    1. in violation of any applicable law or regulation,
    2. harm minors in any way,
    3. impersonate another person or entity,
    4. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others,
    5. deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,
    6. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Company’s computer systems or site or Company’s users, customer’s computer systems or site,
    7. that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever. 
    8. Users are also prohibited from violating or attempting to violate the security of our platform. 
  1. Indemnity: In no event we shall be liable to you or any third party for any lost profit or any direct, indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to your use of the Services for any cause whatsoever and regardless of the form of the action shall not arise.
  1. Disclaimer of Warranties and Liability: You agree to indemnify, defend and hold harmless Company, its agents, affiliates, and licensors, from any third party claim or liability (including without limitation reasonable legal fees) arising due to breach of these of the terms of agreement. 
    1. You acknowledge and agree that we act as a passive channel for the online distribution and publication of User Content and are neither obliged nor responsible to screen or monitor any User Content. We can, however, review, alter or remove any User Content at our sole discretion that, in our sole judgment, violates these Terms.
    2. We do not represent or guarantee the truthfulness, accuracy or reliability of User Content or any other communications posted by Users or endorse any views expressed by Users or the quality, safety or legality of the posted jobs or profiles/resumes, the truth or accuracy of the listings, the ability of employers to offer candidates job opportunities or the ability of applicants to fill open positions. You acknowledge that any dependence on material posted by other users will be at your own risk.
    3. We will not be liable for any error or omissions or misrepresentation of any User Content data. Company provides services without any warranties or guarantees. Employers or any entity shall be solely responsible for their postings on the platform. We are not an employer and shall not be responsible for any employment decisions. 
    4. We also assume no liability and shall not be liable for any damage to or viruses that may infect your device by accessing, using or browsing the platform or by downloading from the platform any material, data, text, images, video or audio content. We assume no liability whatsoever for any monetary or other damage suffered by you as a result of any data or other information transmitted in connection with the use of the platform being delayed, interrupted, or corrupted; and/or any interruption or error in the operation of the platform. 
    5. We hereby expressly disclaim, to the fullest extent possible under law, all warranties and representations or conditions, whether express or implied including without limitation, warranties or conditions relating to the accuracy, reliability, completeness of any content, information, software, text, graphics, links or communications made available on or through the Platform. It is at your own risk to use the platform. For any loss or damage which may arise from the use of any of the information contained in any of the materials on the platform, we shall not be held liable by any person.
    6. We reserve the right to modify or remove any job posting or content from the platform that, in our reasonable discretion, does not comply with the above Terms, or where any content is posted that we believe is not in our best interest.
  1. Reservation: We reserve the right at any time to refuse service to anyone. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a virus, bug, or other technical problem corrupts the security or proper management of the platform. .
  1. Communication: We will communicate with you primarily by mobile number and interface can be app, SMS, email, WhatsApp or IVR or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your address on the Platform or request our call back, you also consent to receive all communications (including via messages) on that number for communication.
  1. Amendments: We may amend this Agreement at sole discretion, any such amendments shall not apply to any claims made prior to the date on which the revised Agreement, including such amendments, has been published or otherwise notified to you. Your access to or use of the platform following any change to this Agreement shall constitute your acceptance of such change. In the bottom of Terms and Conditions, the “Last Updated” legends indicate when this Agreement was last amended.
  1. Termination: In the event of a violation of these Terms, we may, in our absolute discretion, limit or terminate your membership or access to the platform and, without prejudice to any of our rights to take any other action against you, as well as to delete your User Content.
  1. Governing Law and Arbitration: If any dispute arises between a user/users and Company arising out of use of platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Betterplace Safety Solutions Private Limited. Decision of the arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Bengaluru, India. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings.
  1. Applicable Law: Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bengaluru.
  1. Trademark, Copyright and Restriction:  This platform is controlled and operated by Betterplace Safety Solutions Private Limited. All material on this site are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
  1. Contact Us Please contact us for any questions, suggestions or comments regarding this mobile application at consumer@betterplace.co.in

These “Terms of Use” and “Privacy Policy” of the platform constitute a binding agreement between you and us, and are accepted by you upon your use of the platform. 

Update effective: (27/07/2021)