Nation.better |

Terms and conditions

These terms and conditions (the “Terms”) govern how the users (“you”) use the service of the
compliance platform (the “Service”) at https://www.nationbetter.uk/ (the “Website”). The Service
is offered by Betternations Ltd, who is trading under the name “Nation.better” (“we”, “us”), is a
company registered in England and Wales with company number 12066785 and its registered
office address at 160 Kemp House City Road, London, United Kingdom, EC1V 2NX.


The features of the Service include without limitation a document storage, guidance on reporting
duties in Sponsor Management System (SMS), creation of an company’s account to monitor the
sponsorship compliance status and activities, creation of employees’ accounts to store their
personal / employment information and documents necessary to be employed and sponsored as
a skilled migrant worker (e.g. who require an immigration permission to work in the UK).


You accept the Terms by clicking “I agree” or a similar button when you sign up for the Service.


You can review the most current version of the Terms at any time at Terms and Conditions. In
addition, when you use the Service you are subject to any guidelines, rules or terms applicable to
the Service which may be posted at the Website from time to time. All such guidelines, rules or
terms including without limitation our privacy policy (the “Privacy Policy”) are incorporated by
reference into the Terms.


The Terms are a binding and legally enforceable agreement between you and us. If you accept the
Terms on behalf of a corporation, partnership, association, or other entity or group, or if you have
authorised any other entity or individual to accept these Terms on your behalf, you represent and
warrant that you are authorised to legally bind such entity to the Terms or to have such entity or
individual bind you to the Terms.

1. License

We grant you a non-exclusive, non-transferable, worldwide and non-sublicensable right to use the
Service.


2. Registration


2.1. To be able to use the Service or any part of it, please register at the Website by providing all
the required data in the relevant registration form.

 

2.2. You are responsible for keeping your login and password confidential. Please do not share a
password with anyone.


3. Fees. How service works


3.1. We shall deliver all our services via the Service.


3.2. We provide you with access to the Service when you pay the Service Fee which is specified at
the Website.


3.3. The Service Fee is non-refundable.


3.4. We may offer you a free of charge trial period or promocode, which is the discount for the
Professional Service Fee amount. We shall define the period of a trial or a percentage of the
discount at our discretion.


3.5. Please note that:


3.5.1. We are under no obligation to you other than to provide you with the Service. We are not
responsible for updating records in the Sponsor Management System (SMS) unless there is an
explicit agreement in place where we are appointed as Level 1 User in SMS for the company and
carry on the responsibility to perform reporting and other duties in SMS. It is your responsibility to
ensure you perform reporting and record-keeping duties in SMS as set out by the Home Office;


3.5.2. We are not liable for any incorrect information or documents provided by you or your
employees that might adversely impact your compliance status.


3.6. Please ensure that any data and/or content you or your employees provide for when using the
Service is complete, accurate and up to date at all times.


3.7. Please note that under the immigration rules you must provide only genuine documents
and/or information.


4. Forbidden use


4.1. You may not:


4.1.1. reverse engineer, decompile, disassemble, modify or create derivative works based on the
Service, or any portion of it;


4.1.2. circumvent any technology used by us, our affiliates, or licensors to protect content
accessible via the Service; copy, store, edit, change, prepare any derivative work of or alter in any
way any content available via the Service;


4.1.3. use any robot, spider, site search/retrieval application, or other automated device, process or
means to access, retrieve, scrape, or index any portion of the Service, or its content; rent, lease, or
sublicense the Service;


4.1.4. upload, transfer or otherwise use third-party data and/or content without having all the
necessary consents;


4.1.5. defame, abuse, harass, use threatening practices, threaten, or violate the legal rights of
others in any other way (such as rights of privacy and publicity);


4.1.6. disseminate, or publish content that is unlawful, obscene, illegitimate, defamatory, or
inappropriate;


4.1.7. use the Service in any other improper way that violates the Terms.


5. Deleting User accounts and account termination


5.1. You may stop using the Service at any time by (1) deleting your account at the Website or (2)
directly contacting the technical support by email at [email protected] Such deletion will
disable your and your employees’ access to all the content stored in your account.


5.2. We may suspend or delete your account if you breach the Terms. We will notify you about it as
specified in section 14.


6. Privacy Policy


6.1. Please refer to the Privacy Policy for information on how we use the personal data.


6.2. Please obtain the consents for processing the personal data from the Employees,
Representatives and Compliance Officers, as defined in the Privacy Policy. The scope of such
consent must be sufficient to perform all the necessary actions pursuant to the Terms and the
Privacy Policy.


7. Intellectual property


7.1. We, our affiliates or our licensors, are and will remain the sole and exclusive owners of all
rights, title, and interest in and to the Service and all registered and unregistered rights to plans,
ideas, designs, trademarks and other marks, trade names, illustrations, images, logos, as well as
software, applications, inventions or other technology developed or other intangible assets
(“Intellectual Property Rights”). The Intellectual Property Rights are granted, applied for, or
otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade
secret, database protection, right of publicity, other intellectual property rights laws, and all similar
or equivalent rights or forms of protection, in any part of the world.


7.2. We and you may agree on posting your feedback about the Service at the Website. If we agree
on it:


7.2.1. you grant us a non-exclusive, non-transferable, worldwide perpetual and non-sublicensable
right to use your trademarks and other marks, trade names, or logos solely to display your
feedback at the Website;


7.2.2. you represent that you have obtained the consent from your employee or a representative
whose image will be posted at the Website.


8. Use by minors

You declare yourself to be an adult according to the legislation applicable to you. Under no
circumstance the Service is directed to individuals under the age of 18 years old.


9. Indemnity


9.1. You agree to indemnify and hold harmless us and our affiliates, as the case may be, from and
against any claim or demand, including without limitation, reasonable fees and costs made by any
third party due to or arising out of your data and/or content, using the Service, violation of the
Terms, or violation of any third-party rights.


9.2. In addition to any other remedies available to us, you shall indemnify them against any
aggregate of losses and expenses arising out of breach of data protection regulations caused by
transfer of personal data to them and processing such data by them pursuant to the Terms, except
if we negligently or intentionally caused such losses and expenses.


10. Limitations of liability


10.1. We cannot be held liable for accuracy and completeness of any data and/or content
received.


10.2. We provide you with the Service “as is”, without any express or implied warranties including
without limitation the warranties of accuracy, availability, merchantability, fitness for a particular
purpose, or non-infringement.


10.3. Under no circumstances will we and our affiliates be liable to you:


10.3.1. for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting
from your use, or inability to use the Service, or for the unavailability of the Service; or


10.3.2. lost profits, personal injury, or property damage; or


10.3.3. any other damages arising out of, in connection with, or relating to the Terms or your use of
the Service even if such damages are foreseeable, and whether or not you have been advised of
the possibility of such damages.


10.4. We are not liable for any damages, harm, or losses to you arising from or relating to hacking,
tampering, or other unauthorized access or use of the Service, your account, or data, or your failure
to use, or implement anti-fraud measures, security controls, or any other data security measures.


10.5. We are further not liable for any damages to you or others caused by:


10.5.1. any unauthorised access of servers, infrastructure, or data used in connection with the
Service;


10.5.2. interruptions to or cessation of the Service;


10.5.3. any bugs, viruses, or other harmful code that may be transmitted to or through the Service;

 

10.5.4. any errors, inaccuracies, omissions, or losses in or to any data provided to us;


10.5.5. third-party content provided by you;


10.5.6. defamatory, offensive, or illegal conduct of others.


10.6. You agree to limit any additional liability not disclaimed or denied by us under the Terms to
your direct and documented damages.


10.7. In any case, our liability shall not exceed £500. This limitation shall not be applied:


10.7.1. to death or personal injury caused by negligence;


10.7.2. losses arising out of fraud or fraudulent misrepresentation;


10.7.3. gross negligence or willful default.


10.8. These limitations of our liability will apply regardless of the legal theory on which your claim
is based, including contract, tort (including negligence), strict liability, or any other theory or basis.


10.9. You are liable for any violations of the Terms by any person or entity to which you allow to
access the Service, including authorised users.


11. Confidentiality


11.1. If you expressly designate certain information as secret at the time of disclosure or the
confidential character of any information may be construed from its nature or circumstances of
disclosure (“Confidential Information”), we shall use such information only to perform their duties
under the Terms and to your benefit and keep such information in strict confidence. The
undertaking contained in this clause is effective and binding on us until we delete your account or
the personal data in it pursuant to the Privacy Policy. The confidentiality obligation shall not apply
if the Confidential Information:


11.1.1. was publicly available or in the public domain at the time you disclosed it to us;


11.1.2. is or becomes publicly available or public domain information through no our fault after
you provided us with it;


11.1.3. was lawfully received by us without restriction on disclosure or use from a third party;


11.1.4. you granted its prior written approval of disclosure of such information.


11.2. The confidentiality obligation shall be relieved if disclosure of the Confidential Information is
required by law, regulations or orders (whether or not having the force of law) of a governmental
body having appropriate authority or court. In particular, the OISC which is a public body in charge
of regulating immigration advice and services within the UK may review your file as part of their
regulatory role.


12. Assignment of terms


12.1. We may transfer, assign, or subcontract all or any rights or obligations under the Terms, as
long as your rights are not affected.


12.2. You may not assign or transfer your rights or obligations under the Terms in any way without
our written permission.


13. Changes to terms


13.1. We may modify the Terms at any time. We will inform you about it as specified in section 14.
We will also change the version number and issue date at the beginning of the Terms. Any new
version of the Terms is effective on or after the issue date and replaces any prior versions. We
encourage you to review the new versions of the Terms frequently.


13.2. If you continue using the Service after the new version of the Terms becomes available at the
Website you accept such a new version.


13.3. If any provision of the Terms is invalid or unenforceable, so that clause will be removed, the
remaining provisions will not be affected and will remain in force.


14. Communication


14.1. If you have any questions, comments, complaints, or requests about the Terms or the
Service, or any concerns regarding the conduct of your case, please contact us at
[email protected] We will review your message within a few days. Our response will offer a
resolution or help to begin a dialogue to find a way out.


14.2. We may contact you via chat at the Website or via email which you indicated when
registering your account.


15. Force majeure


15.1. If a Force Majeure Event prevents you or us from complying with any one or more obligations
under the Terms, that inability to comply will not constitute breach if (1) the party affected by Force
Majeure Event uses reasonable efforts to perform those obligations, and (2) that party complies
with its obligations under clause 15.3.


15.2. “Force Majeure Event” means, with respect to a party, any event or circumstance, whether or
not foreseeable, that was not caused by that party and any consequences of that event or
circumstance.


COVID-19 pandemics and its consequences shall not be deemed to be the Force Majeure Event.


15.3. If a Force Majeure Event occurs, the non-complying party shall promptly notify the other party
of occurrence of that Force Majeure Event, its effect on performance, and how long the
non-complying party expects it to last. The non-complying party shall update that information as
reasonably necessary.


16. Governing law and jurisdiction

The Terms will be governed by and construed in accordance with the laws of England. You and we
submit to the exclusive jurisdiction of London courts for the purposes of all legal proceedings
arising out of or relating to the Terms.


17. No waiver


18. Miscellaneous


18.1. Entire Agreement. The Terms, together with the documents incorporated by reference, as
specified in the preamble, constitutes the entire agreement between you and us, and supersedes
all prior or contemporaneous agreements or representations, written or oral, concerning the
subject matter of the Terms (if any).


18.2. No agency or partnership. No agency, partnership, joint venture, or employment is created
between you and us under the Terms and you do not have any authority of any kind to bind us in
any respect.