BATCHTIME TERMS AND CONDITIONS
The following terms and conditions (the "Terms and Conditions") govern your use of Batchtime (“Batchtime” "Company" or "we" or "us") website located at www.batchtime.com (the "Site") and of the services provided by Batchtime (“Services”).
BY USING OR OTHERWISE ACCESSING THE SITE OR THE APP, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE OR THE APP OR MANIFESTING YOUR ASSENT TO THESE TERMS AND CONDITIONS IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE OR THE APP OR POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE OR THE APP. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICE OR ANY CONTENT IS TO STOP USING THE SITE.
These Terms and Conditions May Change
Batchtime reserves the right, at its discretion, to change, modify, add or remove portions of these Terms and Conditions at any time by posting such changes. Please check the Terms of Use page periodically for changes. The continued use of the Site and the Service following the posting of changes to these Terms and Conditions indicates that you accept those changes. If you have any questions or would like further clarification, please e-mail us at support@batchtime.com
Additional Terms and Conditions May Apply
The disclaimers, terms, and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by Batchtime, including on any particular page of this Site or through the Services, or a registration process or other means. In the event of a conflict between these Terms and Conditions and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of the specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.
Termination of Services for Non-compliance
If you do not comply with the Terms and Conditions at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Site or the App.
We May Discontinue or Alter Any Aspect of the Site or the App.
We may discontinue or alter any aspect of the Site or the App, including, but not limited to, (i) restricting the time the Site or the App is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating your right to use the Site or the App, at our sole discretion and without prior notice or liability.
We provide a platform that allows cloud-based time tracking and payroll services to business. The App allows business and employees get an estimation of time worked and the salary.
Batchtime websites and domains, including batchtime.com, and all of the webpages, Apps, subdomains, country-level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our free mobile applications (collectively, the “Applications”) are offered, maintained and provided by Batchtime. We refer to all of these as our “Services.”
Batchtime charge a monthly subscription fee to use the App services. You are responsible to Batchtime for any fees applicable to services you choose. You authorize Batchtime (or its partners), or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees as provided through the registration process.
Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars.
Except as required by law, all fees are nonrefundable, including, without limitation. Payment may not be canceled by the user, except as required by law. However, Batchtime (or its partners) reserves the right to refuse or terminate any payment at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment method, but your charge is rejected for any reason, there may be a hold on your use of the website services for several days.
Definitions
The terms “you,” “your” or “User(s)” refers to any individual accessing the Site or the App for his/her purposes, or on behalf of an entity or other person. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User(s)” shall include you individually and any such entity or person that you purport to represent, and you further represent and warrant that you are an authorized representative of such entity or another person, that you have the authority to bind such entity or another person to these Terms and Conditions, and that your acceptance of these Terms of Use shall constitute acceptance on behalf of such entity or person.
Authorization to Use this Site
You hereby confirm to Batchtime that: (a) you have reached the age of 13, (ii) are an emancipated minor under the laws of your jurisdiction of domicile or residence, (iii) have the consent of your parent or legal guardian, or (iv) otherwise have the power and authority to enter into and perform your obligations under these Terms and Conditions.
Users between the ages of 13 and 18 must (i) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms and Conditions, and (ii) not access the Site if his or her parent or legal guardian doesn’t agree to these Terms and Conditions.
Accounts
For certain aspects of the Site, you may be asked to register an account. In the event you agree to register an account, you will select or receive a email and password upon providing registration information and completing the registration process.
You are solely responsible for maintaining the confidentiality of your account, email, and password and for all activities and liabilities associated with or occurring under your account, email, and password. You must notify us immediately of any unauthorized use of your account, email or password and any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of the use of your account, email, or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account, email, or password.
You may not transfer your account, email, or password to another person, and you may not use anyone else's account, email or password at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse.
In consideration of your use of the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and to maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse all current or future use of the website, or any portion thereof.
Access to Batchtime website and App is available to different users across different access forms as follows:
Free Users: The website and App allow free access to our service, users using the platform for free will have no cloud storage and will only be allowed to use the time tracking feature for theirselves only and get an estimation for payroll
Employees (Team members): These types of users are given access to the platform through their employer, they use the platform to track time and also send live notifications of the time worked to their employers. The use of the platform for this user may be revoked by their employer.
Owners: This type of user are allowed to access the full features of the platform and are required to pay for the services per user.
Access to the Website and App
Owner- Owners access is available to user who make payment and have been allowed full access to use the service.
Full Control- This type of access is given by the owner; they’re allowed to use the service features and such access to the service can be revoked and terminated by the Owner.
Manger – This user is only allowed to view the data of members that belongs to a group they belong; the access of this user can also be revoked by the Owner or the full control access users.
All content and materials contained in this Site or made available through the Service (“Content”), are protected by the Canada and international trademark and copyright laws, are owned or controlled by Batchtime, and must only be used for certain approved purposes as established by Batchtime. You may only view or download Content from this Site for your use or as otherwise expressly authorized by Batchtime.
Limited License
Batchtime hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Site solely for your own personal, non-commercial purposes, subject to your agreement to, compliance with and satisfaction of these Terms of Use. All rights not otherwise expressly granted by these Terms of Use are reserved by Batchtime. If you do not comply with the Terms of Use at any time, Batchtime reserves the right to revoke the aforementioned license(s), limit your access to the Site, or restrict your ability to post or download Content, which may include the ordering of products and services.
No Reproduction / Distribution
The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material available on or through this Site or the App is STRICTLY PROHIBITED without the prior written consent of Batchtime or unless expressly permitted by this Site or the App. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by Batchtime. The copying posting, linking, or another use of Content from this Site or the App on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site or the Service can be made by contacting Batchtime in writing at the address listed below.
Trademarks
The trademarks, logos, service marks, and trade names (collectively the "Trademarks") of Batchtime or any third party displayed on the Site or content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site's services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third-party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
Third-Party Rights
Trademarks, service marks, logos, and icons owned by third parties are the property of those respective third parties. Batchtime and affiliates do not warrant or represent that your use of the Content will not infringe the rights of third parties.
Batchtime application and all rights therein, including intellectual property rights, shall remain Provider's property or the property of its licensors. Nothing in the Terms shall be construed to grant you any rights, except for the limited license granted below.
Subject to the Terms, Provider grants you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use Batchtime and its Paid features purchased pursuant to the Terms on any same-platform device (i.e. iOS device) that you own and control. The license is granted solely for your personal, non-commercial use. Therefore, you may not rent, lease, sell, transfer, redistribute, or sublicense the Batchtime application. Third-party services or libraries included in Batchtime are licensed to you either under these Terms, or under the third party's license terms, if applicable.
Based on your license, you may not access Batchtime with other means than the official application, mine or extract any data from Batchtime databases, modify, reverse engineer, hack, decode, decrypt, decompile, disassemble or create derivative works of Batchtime application or any part thereof and circumvent any technology used to protect the Paid features. You also may not remove, delete or obliterate any copyright notices, proprietary labels or private legends placed upon or found within the Batchtime application.
Linked Sites
You may be able to link from the Site to third party web sites and third-party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the content, products, services, advertising, or other materials that may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
When using Batchtime ’s products and services, you may have the ability to post content (e.g., payment descriptions, business description, comments and/or photos). You are solely responsible for all content that you provide, post, upload or submit.
We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality or applicability of any content posted by users on Batchtime. Batchtime does not endorse, guarantee, make representations or provide warranties regarding any such content.
Batchtime may, in its sole discretion, reject or remove any content that violates our content standards below or for any other reason we deem the content inappropriate. Batchtime shall have no obligation to monitor content posted, uploaded or submitted by a user, but may do so at its sole discretion. Batchtime is not responsible for any failure or delay in removing any such content.
Content Standards
You may not post or submit any content that violates our Acceptable Use Policy or any content that is:
The content available on the website (“Website Content”), including the logos and trademarks (“Marks”), are licensed to Batchtime and are subject copyright, trademark, and other intellectual property rights under Canada, foreign laws, and international conventions. The Website Content includes, but are not limited to, the source codes, database, website design, functionalities, videos, audios, texts, images, graphics, and items available on the website.
The logos, designs, page headers, names, script, graphic, button icons and footers are registered trademarks or common law trade dress of Batchtime in Canada and other parts of the world. The Batchtime trademarks and trade dress may not be used in combination with any other products, services, or goods in a manner that is likely to confuse. You do not also have our permission to copy, imitate, or use it without getting written approval from us.
Batchtime provides the Website Content to users on “AS IS” basis for information and personal use purposes. Users may not copy, reproduce, distribute, advertise, transmit, license, sell, or exploit it for any other purposes without seeking written consent from us.
We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Site's content, materials or services; or (c) gain or attempt to gain unauthorized access to other computer systems through the Site. You agree to not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the App offered on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; (ii) use the Site or the App made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; or (iii) use the Site or the Site's services in violation of any applicable law or the legal rights of any third party. You further agree that you may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof.
You shall not (nor cause any third party to) use the Site or the App to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation: (a) disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material; (b) transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party; (c) conducting any activity that would constitute fraud; (d) transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) use the Site or the App to gain competitive intelligence about Batchtime , the Site, or any product or service offered via the Site or to otherwise compete with Batchtime .
If you are an iOS device user, the terms in this section also apply to you:
You acknowledge that the Terms are concluded between you and Provider only, not with Apple, and that Provider, not Apple, is solely responsible for Batchtime application and the content thereof, excluding user content.
The license granted to you must be limited to use Batchtime only as permitted by the Usage Rules set forth in the App Store Terms of Service, except that Batchtime may be accessed and used by other accounts associated with the purchaser via Family Sharing.
Provider and not Apple is solely responsible for providing any maintenance and support services with respect to Batchtime. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Batchtime.
In the event of any failure of Batchtime to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Batchtime, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of Provider.
Provider, not Apple, is responsible for addressing any your or third-party claims relating to Batchtime or your possession and/or use of Batchtime, including, but not limited to, product liability claims, any claim that the Batchtime fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation.
You acknowledge that, in the event of any third-party claim that Batchtime or your possession and use of Batchtime infringes that third party's intellectual property rights, Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
Information about the current hardware and system requirements of Batchtime, technical restrictions and other limitations are always available on the platform-specific page of the application.
We control and operate our Services from Canada and we make no representations or warranties that the information, products, or services provided through our Services, or our Content, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.
You agree to defend, indemnify and hold Company, its affiliates, and its and their directors, officers, employees and agents harmless from all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Site or your breach or violation of the law or these Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company's defense of such claim.
It is understood by you and Batchtime that you are an independent contractor with respect to Batchtime and not an employee of Batchtime. Batchtime will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for your benefit.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS, AND MATERIALS CONTAINED OR AVAILABLE THEREON, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. FURTHER, BATCHTIME DOES NOT WARRANT (A) THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT, (B) THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE APP OR CONTENT WILL BE ACCURATE OR RELIABLE, OR (C) THAT THE QUALITY OF THE SITE OR THE APP OR CONTENT WILL MEET YOUR EXPECTATIONS.
From time to time, we may make third party opinions, advice, statements, offers, or other third-party information or content available on the Site (“Third Party Content”). All Third-Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE SITE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, ANY OF ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY, MISTAKE IN TIME TRACKING, PAYROLL CALCULATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSS OF DATA, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR YOUR USE OF THE SITE AND/OR SERVICES.
In addition to any other method of termination or suspension provided for in these Terms and Conditions, Batchtime reserves the right to terminate, change, suspend or discontinue any aspect of the Site or the Site's services at any time. Further, you agree that Batchtime shall not be liable to you or any third-party for any termination or suspension of your access to the Site or any part thereof, removal of Content. Any such termination, suspension or cancellation shall not affect any right or relief to which Batchtime may be entitled at law or in equity. Upon any such termination, suspension or cancellation, you shall terminate all use of the Site, the Services, and any Content and you will not be entitled to any refund of any fees or other charges, if any, paid in connection with such use.
If any provision under these Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such an invalid or unenforceable provision shall be severed and shall not affect the validity and enforceability of the other valid and enforceable provisions.
You agree that the Website does not give rise to personal jurisdiction over Batchtime, either specific or general, in jurisdictions other than the laws of Canada. Any claim or dispute between you and Batchtime that arises in whole or in part from the Service will be decided exclusively by a court of competent jurisdiction located in Canada. Those who do not choose to access the Batchtime do so at their initiative and are responsible for compliance with all applicable laws including any applicable local laws.
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
For further information or to contact us with questions, concerns, or comments, you may email us at the email in the footer of our website or visit our Contact Us page. Although we will, in most circumstances, be able to receive your email or other information provided through the Site, we do not guarantee that it will receive all such email or other information timely and accurately. We shall not be legally obligated to read, act on, or respond to any such email or other information.