These terms of service (“terms”) constitute a contract between you and Nex Technology Pte. Ltd. and govern the use by you, your agents and end users of our website at www.better.hr (the “site”) and all of the products and services offered by Nex Technology Pte. Ltd. By accepting these terms, or by accessing or using the service or site, or authorising or permitting any agent or end-user to access or use the service, you agree to be bound by these terms. If you are entering into these terms on behalf of a company, organisation or another legal entity (an “entity”), you are agreeing to these terms for that entity and representing to Nex Technology Pte. Ltd. that you have the authority to bind such entity and its affiliates to these terms, in which case the terms “you,” “your” or related capitalised terms herein shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms, you must not accept these terms and may not use the service. If you have any questions about these terms, please feel free to contact us through our site or email us at [email protected]
During the term of your subscription to the service (“subscription”, and such term, the “subscription term”), you have the limited right to use the service solely for your own internal, personal or commercial use as an online platform to communicate with your end users. you agree to provide true, accurate, current and complete information as required by nexlabs. You agree not to transfer, lease, rent, assign, sublicense or resell the service, in whole or in part, unless you are an authorised partner of nexlabs and only pursuant to a separate partners' agreement entered into between you and nexlabs ("partners' agreement"), and you further agree not to allow any third party other than your agents and end users to access the service. You are responsible for compliance with the provisions of these terms by your agents and end users and for any and all activities that occur under your account.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the service (collectively, “equipment”). You shall be responsible for ensuring that such equipment is compatible with the service (and, to the extent applicable, the software) and complies with all configurations and specifications set forth in nexlabs’s published policies then in effect.
You understand and acknowledge that we have no obligation to monitor any portion of the service, including without limitation, data, information, feedback, suggestions, text, content and other materials uploaded, posted, delivered, published, provided or otherwise linked, transmitted or stored (hereafter, “post” or “posted”) by you, your agents or your end users (collectively, “your content”). By posting your content on or through the service, you hereby do and shall grant nexlabs a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform your content as necessary to provide the service. You acknowledge that you bear sole responsibility for your content, including (a) making any determination as to whether you have the legal right to store, reproduce or otherwise make use of your content in the manner contemplated by you; (b) and complying with all domestic and international laws and any other legal obligations associated with your content, including, but not limited to, copyright, trademark, trade secret, defamation, privacy, decency, security and export laws. You acknowledge and agree, however, that nexlabs shall have the right to monitor the service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the service properly, or to protect the service.
While nexlabs strives to protect personal information and privacy, we cannot guarantee the security of any information you disclose online. You acknowledge by entering into this agreement (as defined below) that you are aware of our limitations with respect to security and privacy and that nexlabs will have no liability to you for any unauthorised access or use of any of your content, or any corruption, deletion, destruction or loss of any of your content. As part of the registration process, you and each agent may be required to identify a user name and password for your account (“login credentials”). You agree and acknowledge that each agent will be identified by a unique login credential and that an agent login credential may only be used by one (1) individual. You will not share an agent login credential among multiple individuals. You and your agents are responsible for maintaining the confidentiality of all login credentials for your account. Subject to any limitation on the number of individual agents available under your selected service plan, access to and use of the service is restricted to the specified number of individual agents permitted under your subscription.
You and your agents are responsible for maintaining the confidentiality of login credentials and agree to immediately notify us of any unauthorised use of the service or any other breach of security related to the service known to or suspected by you. nexlabs assumes no responsibility for the deletion of or failure to store electronic messages, communications, or other information or content submitted by you, your agents or your end users using nexlabs, whether submitted as part of the service or otherwise. You shall comply with any codes of conduct, policies or other notices that nexlabs provides you or publishes on the site in connection with the service if you violate these terms, you may be permanently or temporarily banned from using the service at nexlabs's sole discretion.
you agree not to use the service: to display, upload or promote obscene, indecent, pornographic or sexually explicit activities or content; to promote abusive, threatening, hateful, harmful, harassing, libellous or violent behaviour;to promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; to promote illegal activities or violate applicable law; to violate the intellectual property rights of third parties; in a manner that has the potential to interfere with the use, enjoyment, deployment or operation of the service by others; to post, store or transmit any content that (a) you do not have a right to post under any law or under contractual or fiduciary relationships; (b) contains software viruses
or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (c) poses or creates a privacy or security risk to any person; (d) constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (e) is otherwise objectionable in nexlabs’s sole judgment;
to solicit personal information from or otherwise collect information regarding anyone under the age of 13; to harvest or collect email addresses or other contact information of other users from the service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; to advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised; to modify, adapt or hack the service, or otherwise attempt to gain unauthorised access to the service or its related systems or networks;
nexlabs reserves the right to refuse to transmit or to remove any information or materials, in whole or in part, that, in its sole discretion, nexlabs deems unacceptable, undesirable, inappropriate or in violation of any law or these terms.
In addition to nexlabs’s rights as set forth in the termination section of these terms, nexlabs reserves the right, in its reasonable discretion, to temporarily suspend your access to and use of the service: (a) during planned downtime for upgrades and maintenance to the service (of which nexlabs shall use commercially reasonable efforts to notify you in advance); (b) during any unavailability caused by circumstances beyond nexlabs’s reasonable control, such as, without limitation, technical failures beyond nexlabs’s reasonable control
(such as, without limitation, inability to access the internet or failure of infrastructure systems), acts of war, acts of terror or other civil unrest, acts of vandalism, natural disaster or other acts of god, strike, unavailability of energy sources, acts of government, or acts undertaken by third parties, including without limitation, distributed denial of service attacks (collectively, “force majeure events”); or (c) if nexlabs suspects or detects any malicious software connected to your account or use of the service by you, or your agents or end users.
nexlabs will indemnify and hold you harmless, from and against any claim against you by reason of your use of the service as permitted hereunder, brought by a third party alleging that the service infringes or misappropriates a third party’s valid patent, copyright, trademark or trade secret (an “IP claim”). nexlabs shall, at its expense, defend such IP claim and pay damages finally awarded against you in connection therewith, including the reasonable fees and expenses of the attorneys engaged by nexlabs for such defence, provided that (a) you promptly notify nexlabs of the threat or notice of such IP claim, (b) nexlabs will have the sole and exclusive control and authority to select defence attorneys, defend and/or settle any such IP claim, and (c) you fully cooperate with nexlabs in connection therewith.
If use of the service by you, agents or end users has become, or in nexlabs’s opinion is likely to become, the subject of any such IP claim, nexlabs may at its option and expense (a) procure for you the right to continue using the service as set forth hereunder; (b) replace or modify the service to make it non-infringing; or (c) if options (a) or (b) are not commercially and reasonably practicable as determined by nexlabs, terminate your subscription and repay you, on a pro-rated basis, any prepaid portion of fees attributable to the remainder of the term of your subscription, previously paid to nexlabs. nexlabs will have no liability or obligation under this indemnification section with respect to any IP claim if such claim is caused in whole or in part by (a) compliance with designs, data, instructions or specifications provided by you; (b) modification of the service by anyone other than nexlabs; or (c) the combination, operation or use of the service with other hardware or software where the service would not by itself be infringing.
The provisions of this indemnification section state the sole, exclusive and entire liability of nexlabs to you and constitute your sole remedy with respect to an IP claim brought by reason of access to or use of the service by you, agents or end users.
By using the service, you agree to indemnify and hold nexlabs harmless from and against any claims brought against nexlabs arising in connection with or related to the use of the service by you, agents or end users in breach of any of the provisions, terms or conditions set forth in these terms, provided that nexlabs promptly notifies you of the threat or notice of such a claim.
Either nexlabs or you may terminate these terms and your subscription as of the end of your then-current subscription term upon written notice to the other, on or prior to the date thirty (30) days preceding the end of such subscription term. Unless your subscription is so terminated, your subscription will renew for a subscription term equivalent in length to the then-expiring subscription term. Unless otherwise agreed to in writing, the fees applicable to your subscription for any such subsequent subscription term shall be nexlabs’s standard fees for the service plan to which you have subscribed as of the time such subsequent subscription term commences.
No refunds or credits for fees or payments will be provided to you if you elect to terminate your subscription prior to the end of your then-effective subscription term. Following the termination or cancellation of our subscription, nexlabs reserves the right to delete all your content in the normal course of operation. Your content cannot be recovered once your subscription is cancelled.
If you terminate your subscription prior to the end of your then-effective subscription term, or nexlabs effects such termination or cancellation under these terms, in addition to other amounts you may owe nexlabs, you must immediately pay any then unpaid subscription charges associated with the remainder of such subscription term. Such amounts and charges will not be payable by you in the event you terminate your subscription to the service or cancel your account as a result of a material breach of these terms by nexlabs, provided that you provide advance notice of such breach to nexlabs and afford nexlabs not less than thirty (30) days to reasonably cure such breach.
nexlabs may, in its sole discretion, terminate, discontinue or modify the service or your use of the service (or any part thereof), permanently or temporarily, if nexlabs believes that you, agents or end users have violated these terms. Unless legally prohibited from doing so, nexlabs will use commercially reasonable efforts to contact you directly via email or your account to notify you prior to taking any of the foregoing actions detailed in this paragraph. nexlabs shall not be liable to you, agents, end users or any other third party for any such modification, suspension or discontinuation of your rights to access and use the service. Any suspected fraudulent, abusive, or illegal activity by you, agents or end users may be referred to law enforcement authorities at nexlabs’s sole discretion.
Upon termination of your subscription, you will immediately cease all use of the service and any documentation provided to you and return or destroy all copies thereof. Your right and license to use the service shall immediately cease upon termination. You shall thereafter have no right, and nexlabs shall have no obligation, to forward your content or any messages or information to you, your end users or any other third party. except as otherwise expressly provided herein, all accrued rights to payment and all sections of these terms which by their nature should survive termination will survive termination, including, without limitation, restrictions on the use of the service, payments obligations for any amounts owed, indemnities, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and we reserve all other available remedies in contract, law or equity.
These terms and any nexlabs order form (the “agreement”) constitute the entire agreement, and supersede any and all prior agreements or understandings between you and nexlabs with regard to the subject matter hereof. These terms and any nexlabs order form shall apply in lieu of the terms or conditions in any purchase order or other order documentation you or any entity which you represent provide (all such terms or conditions shall be null and void), and, except as expressly stated herein, there are no other agreements, representations, warranties, or commitments which may be relied upon by either party with respect to the subject matter hereof. Notwithstanding the foregoing, additional terms may apply to certain features of the service (the "additional terms"). The additional terms will be considered incorporated into these terms when you activate the feature. Where there’s a conflict between these terms and the additional terms, the additional terms will control.
nexlabs may amend these terms from time to time, in which case the new terms will supersede prior versions. nexlabs will notify you via the site or your account no less than ten (10) days prior to the effective date of any such amendment and your continued use of the service following the effective date of any such amendment may be relied upon by nexlabs as your consent to any such amendment. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You may not assign this agreement without the prior written consent of nexlabs. nexlabs may transfer, assign, sublicense or pledge, in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof, or to any third party whatsoever, without notifying you or receiving your consent.
Any waiver (express or implied) by nexlabs of any breach of this agreement shall not constitute a waiver of any other or subsequent breach. no provision of the agreement may be waived except by a written instrument expressly waiving such provision and signed by a duly authorised officer of nexlabs.
By entering into this agreement, you acknowledge that you are transacting business with nexlabs in the republic of Singapore. This agreement shall be governed in all respects, including validity, interpretation and effect, by the laws of the republic of Singapore, without regard to the principles of conflicts of law and, unless otherwise elected by nexlabs in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located within the republic of Singapore for the purpose of resolving any dispute relating to your access to or use of the service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.