General Terms and Conditions

1. Publisher

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This website is owned and operated by DATHAPPY Pte. Ltd. (UEN: 201800806N), a company incorporated in Singapore and having its principal office at 160 Robinson Road #14-04 Singapore Business Federation Centre Singapore 068914 (“Dathappy”, “we” or us”).

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2. Subject

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Dathappy provides a platform service accessible at https://dathappy-app.bubbleapps.io/ (“Website”), which allows businesses and organizations looking for digital/data solutions for problems and gigs to connect with data scientists and learners.

 

These T&Cs govern your access to and use of the Website and its Services.

 

By opening an account on the Website, you must tick a box, and confirm that you have read and accepted these T&Cs, which form a legally binding contract between you and Dathappy.

 

If you wish to participate in a specific gig, you will be asked to review and accept the rules applicable to the specific gig. 

 

Please read the following carefully. If you do not accept these T&Cs, do not use the Website. We may amend these T&Cs at any time by posting an updated version to this web page and notifying you before the amended T&Cs take effect. 

 

To improve your user experience, we may also modify, without prior notice, the structure and design of our Website, as well as some Services or content.

 

3. Definitions

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In this document,

 

“Account” means the account that must be created to become a Member and access the Services offered by the Website;

 

“Contract” means the contract signed between the Organization and Dathappy that details the project scope, deliverables, and the applicable fees.

 

"Gig" means an invitation for proposals to solve a specific problem or gig issued by an Organization for Members who registered to participate in the Gig, in accordance with the Gig Rules;

 

“Gig Rules” refers to the rules applicable to a Gig and which are binding between the Organization and each Gig participant. In the event of discrepancies or contradictions with the T&Cs, the Gig Rules shall apply; 

 

“Community” refers to all Members of the Website;

 

“Deliverables” all submissions, original ideas, documents or other materials (such as presentations, videos, etc.) uploaded to a dedicated shared drive by Members in response and as a solution to a specific Gig;

 

“Idea” refers to the project ideas that are submitted by the Organizations through a request form. Each form submission generates a task entry in ProofHub (Dathappy’s official project management tool), more precisely in the project called “to be scoped”. It is the Scopers’ work to transform these Ideas into Gigs together with the Organization.

 

“Member” means any individual having an Account on the Website; (includes the Scopers too)

 

“Scoper” means any individual having an Account on dathappy.proofhub.com and being part of the “Scopers” group there.  Scoper’s role is to scope the Organizations’ submitted project ideas into Gigs.

 

“Services” means all products, services, content, features, technologies or functions delivered by us via the Website; and

 

"Organization" means the company or organization that issues a Gig.

 

4. Opening an Account

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A. Conditions

 

You must be 18 years or older. You must be 18 years or older to use our Services, and by opening an Account you declare that you meet this condition. 

 

You must have the authority to bind your business. You confirm that you have authority to bind any business or entity on whose behalf you use our Services and that business or entity accepts these terms.

 

B. Creating an Account

 

The Website allows Members to view and enroll in Gigs and to interact with other Members, or Dathappy through email, message boards, chat and messaging. You can view the Gigs if you are registered, but you cannot enroll in or participate in a Gig without first filling your Profile. 

 

To create your Account, you can either:

• complete the mandatory fields in the registration form (e.g., name, email and password). An Account activation link will be emailed to you; your Account is activated once you click on the link; or
   

• open an Account using Facebook, LinkedIn, Twitter, or Google+. By using this feature, we will access, publish and retain personal data obtained from these platforms. You can delete the link between your Account and these platforms at any time. If you want to learn more, read our Privacy Notice and those of such third-party platforms.

To open an Account, you must have read and accepted these T&Cs and our Privacy Policy.

 

C. Accuracy of Account

 

Information You agree that your profile Account contains accurate and true information and that you will update it, as needed.

 

D. Password

 

You are responsible for keeping your Account password confidential. You agree to inform us if there is unauthorized use of your Account or a security breach, such as loss or theft of your login information. 

 

5. Services

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The Website is an online platform on which Dathappy creates and posts Gigs in which Members can participate, subject to the specific conditions of each Gig as set out in the Gig Rules.

 

As a Member:

• you may access a personalized space on the Website that contains your profile, allows you to view the Gigs in which you have enrolled, and to communicate and exchange messages, including by email and chat, with Members, mentors, and Dathappy;
   

• you may register for Gigs, provided you meet the conditions of the Gig Rules;
   

• you may participate in a Gig, individually, or by creating or joining a team, as specified in the Gig Rules.

 

6. Content posted by you on the Website

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You may communicate with other Members, mentors or Dathappy via the Website. Any information you provide on the Website, both during registration and use of the Services (such as public message board postings, emails, chats, Deliverables, etc.) is subject to the following:

• You are solely responsible for the content that you publish or upload to the Website and for the transfer of technologies or information with which you are involved. Dathappy expressly disclaims any liability or responsibility thereto and reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice

• Your content must not be infringing on any third party’s rights

• With respect to Your Content, by displaying it, you grant Dathappy a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

 

7. Member Rules of Conduct on the Website

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There are certain rules that apply to Members. When using our Website, you agree:

• to not submit to us or other Members, mentors or Organizations false, misleading, malicious or fraudulent information;
   

• to not post content of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging illegal activities, or more generally, content that is contrary to good morals or the purposes of the Website;
   

• to not infringe on the rights and image of Dathappy, such as its intellectual property rights;
   

• to not open more than one Account on the Website or open an Account in the name of a third party;
   

• to not use the Account of another Member;
   

• to not transfer data that contains viruses, worms, Trojan horses or any computer file or program that could interrupt, destroy or limit the functioning of any computer or network linked directly or indirectly to the Website;
   

• to not use any device, software or routine that could interfere with the proper working of the Website or which is intended to damage, interfere with, intercept or expropriate any system, data or personal information;
   

• to not to take any action (such as, spamming) that imposes an unreasonable load on our Website;
   

• to not violate the principle of confidentiality, which may exist within the framework of a Gig; and
   

• to, more generally, not to act in a way that violates the law or breaches these T&Cs.

 

8. Member Rules of Conduct during the Gig

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From the moment the Member has been chosen to work on a Gig, he is engaged to:

• Be responsible and professional about the work done; Dathappy and the Organization reserve the right to decide whether the quality of the service is good enough. This can result in the Member having to stop working on a specific Gig.

• Perform the work as intended during the time frame - the extension of the length of the project is agreed upon between the Organization, the Members and Dathappy.

• Ensure confidentiality over the documents and access information he has been given to realize the project,  and over the Deliverables

• Not disclose to any third party the content of those above documents and Deliverables

• Make himself/herself available for the required meetings and steps of the project.

 

9. Confidentiality

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The confidentiality applies to any information that is disclosed by the Organization to Members, including but not limited to:

a) the fact that discussions and negotiations are taking place concerning the project and the status of those discussions and negotiations

b) any information of the Organization that would be regarded as confidential by a reasonable business person relating to:
(i) the business, affairs, customers, clients, suppliers, plans, intentions, or market opportunities; and
(ii) any information, maps, models, estimates, survey and test results, concepts, reports, data, know-how, works-in-progress, designs, development tools, specifications, computer software, source code, object code, flow charts, databases, inventions, information and trade secrets of the Organization;

This confidentiality agreement shall not include any information that:

a) is, or becomes, generally available to the public (other than as a result of disclosure by the Member in breach of this agreement); or

b) was available to the Member on a non-confidential basis before disclosure by the Organization; or

c) was, is or becomes available to the Member on a non-confidential basis from a person who, to the Member’s knowledge, is not bound by a confidentiality agreement with the Organization, or otherwise prohibited from disclosing the information to the Member; or

d) was lawfully in the possession of the Member before the information was disclosed to it by the Organization; or

e) the parties agree in writing is not confidential or may be disclosed; or

f) is developed by or for the Member, independently of the information disclosed by the Organization; or

g) is trivial, obvious or useless.

The Member shall keep the Confidential Information disclosed to it confidential and, except with the prior written consent of the Organization, shall not:

a) use or exploit the Confidential Information in any way except for the purposes of project delivery; or

b) disclose or make available such Confidential Information in whole or in part to any third party, except as expressly permitted by this agreement; or

c) copy, reduce to writing or otherwise record the Confidential Information, except as necessary for the purpose of project delivery.

The Member may disclose the Organization's Confidential Information to other Members who need to know the Confidential Information for the purpose of project delivery, provided that the Member shall inform those other Members that the Confidential Information disclosed to them is confidential and shall take reasonable steps to ensure that such Members shall not:

a) use or exploit the Confidential Information in any way except for the purpose of the project delivery;
b) disclose or make available such Confidential Information in whole or in part to any third party, except as expressly permitted by this agreement; or
c) copy, reduce to writing or otherwise record the Confidential Information, except as necessary for the purposes of project delivery.

The Member may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority by a court or other authority of competent jurisdiction. However, to the extent it is legally permitted to do so, it shall give the Organization as much notice of such disclosure as possible and, where notice of disclosure is not prohibited, it takes into account the reasonable requests of the Organization in relation to the content of such disclosure.

The Member may provided that the Member has reasonable grounds to believe that the Organization is involved in activity that may constitute a criminal offense under the Prevention of Corruption Act (Cap 241) or such other anti-corruption legislation or regulation applicable to any party of this agreement, disclose Confidential Information to the relevant authority without first informing the Organization of such disclosure.

In the event any information is found to be disclosed by the Member without prior written approval from the Organization, the Organization will be permitted to seek remedies including, but not limited to legal assistance and termination of this agreement.

The confidentiality agreement shall become effective immediately when a Member accepts the Terms and Conditions and shall automatically expire upon 1 year after the project delivery or on the date that is specified in the Contract or NDA between the Organization and Dathappy. If there is a separate confidentiality term agreed between Dathappy and the Organization, such terms automatically apply to the Members who work on a project for that Organization. Dathappy is required to inform the Members.

You agree to defend, indemnify and hold Dathappy harmless from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal fees, arising from your unauthorized and prohibited disclosure of confidential information.

 

10. Role of Dathappy/ Limitation of liability

 

Dathappy has no control over the behavior of Members, Organizations, mentors or other users of its Website. We do not control the information provided by others that is made available through the Website; other user’s information may be inaccurate. You agree that you will be responsible for, and at Dathappy’s request, defend Dathappy from third party claims arising out of the information you provide to Dathappy for publication or any breach by you of these T&Cs. You agree that regardless of any statute or law to the contrary, any claim or cause of action related to your use of the Services must be filed within one (1) year after such claim or cause of action arises, or be forever barred.

 

11. Intellectual Property Rights

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A. Member grant of license to Dathappy

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For the purposes of our Website and to enable the Services, you grant Dathappy a non-exclusive license, free of charge, for the entire world and for the duration of your contractual relationship with us, to use the Gig related content and data that you submit to the Website. Specifically, you authorize us to display, distribute, publish, reproduce, represent, adapt, use and translate any content you provide, and to broadcast it via the Website and any other communication protocol and to share it with the public, Community and Organizations.

 

B. Dathappy’s IP Rights / Limited License

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This Website is controlled and operated by Dathappy. Our proprietary software, and our materials on the Website, including logos, trademarks, trade names, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials, are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by us or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Website are the property of their respective owners.

 

Subject to being a Member, Dathappy grants you a non-exclusive, revocable, personal and non-transferable license to use the Website, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Website.

 

You are prohibited from any other use or exploitation of the Website and Services, and their content, without the prior written permission of Dathappy. Notably, you are prohibited from:

 

• reproducing, adapting, distributing, publicly representing and disseminating the Website, the Services, Gigs and the content of the Website;
   

• extracting or attempting to extract (notably using data mining robots or any other similar data collection tool) a substantial part of the data of the Website;
   

• copying, modifying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code;
   

• modifying or attempting to modify the Website in any manner or form, except that you have the right to modify your self-generated content on the Website;
   

• framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including Gig descriptions, images, text, page layout, or form);
   

• using any meta tags or any other "hidden text" with Dathappy’s name or trademarks. 

Any unauthorized use by you which contravenes the above terminates the license granted by us.

 

All new versions, updates or changes to our Website, Services or related content shall be subject to these T&Cs. Dathappy reserves all rights not expressly granted by the present T&Cs.

 

C. Remedies

 

If you believe that your legitimate intellectual property rights have been violated by the introduction of certain content on the Website, you must notify Dathappy and provide us with the following:

• Your contact information. If the claim is on behalf of a third party, please include proof of your right to represent the third party;
   

• Identification of the specific Website content that you consider is protected by intellectual property rights as well as its location on the Website (indicating the URL link);
   

• Accreditation of the aforementioned intellectual property rights; and reasons for the supposed violation. 

 

12. Account suspension, restrictions of access and termination

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You can terminate your contractual relations with Dathappy and close your Account at any time by clicking on the “Delete your profile” tab on your profile page or by contacting Dathappy. The termination takes effect immediately. If you breach your undertakings as set out in these T&Cs or if we have genuine reason to believe that the security and integrity of Dathappy, its Members, Organizations, or third parties are at risk, we reserve the right to immediately terminate these T&Cs binding you and Dathappy, and temporarily or permanently suspend your Account. When this is necessary, you will be notified of such measures to enable you to respond. Dathappy will decide, at its sole discretion, whether to lift the measures put in place.

 

13. Personal Data we collect and process some of your personal data

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In using the Website and registering as a Member, you acknowledge and accept the processing of your personal data by us as set out in our Privacy Policy.

 

14. Operation, availability, and functionalities of the Website

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We shall try as far as possible to maintain the Website continuously available. But access to the Website or the use of certain features may be suspended or disrupted without notice, due to technical maintenance, migration, or updates, or owing to outages or constraints linked to the network or for other technical reasons. We reserve the right to modify or suspend all or part of your access to the Website or its features, at our sole discretion, temporarily or permanently.

 

15. Hyperlinks

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Our Website contains links to other websites. We do not control those websites and are not responsible for their content. By including these links, we are not endorsing the material on those websites or implying any association with their operators.

 

16. Modification of the T&Cs

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These T&Cs and the documents integrated by reference express the entire agreement between you and Dathappy relative to your use of the Website and the Services. 

 

Dathappy may modify these T&Cs to adapt to its technological and commercial environment and to comply with the law. Any modification to these T&Cs will be published on the Website with mention of the effective date, and you will be notified by Dathappy before the changes take effect.

 

17. Applicable law and dispute resolution

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In case of any dispute, the Singapore law is applicable.

 

For the exclusive benefit of Dathappy, Dathappy shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these T&Cs are entered into in the course of your trade or profession, in the country of your principal place of business.

 

18. Eligibility

Dathappy shall have absolute discretion as to whether or not it permits a particular Member to use or access the Website or any Website Content. Participating in gigs is available only to individuals and entities which can form legally binding contracts under applicable law. The Website and the Website Content (gigs) are not available to persons that are minors under the laws of their jurisdiction of residence or persons who do not have the legal authority to enter into binding contracts. By registering to use the Website, you represent to Dathappy that you have the authority to agree to these Terms of Use. Dathappy reserves the right to terminate any Member’s access to the Website and its content without notice, at any time, for any or no reason. A Member found in violation of these Terms of Use, as determined by Dathappy in its sole discretion, shall forfeit any right to receive payment for or a refund of any amounts due from services rendered or paid for working on gigs. 

 

19. Method of payment to Members

 

Payments to Members by Dathappy shall be made by Transferwise bank transfer. Members working on a paid gig will receive an email (to the email account they registered on the Website) with the instructions on how to give their bank details to Transferwise to initiate the payment.  Payments will be made directly to the Member’s bank account according to the payment terms specified in the gig description. All amounts are stated in and all payments will be made in Singapore dollars.

It is each member’s responsibility to register the member’s bank account with the site. If, within ninety (90) days after the end of the first calendar month for which a member is entitled to payment, the member has not registered the member’s account, then any right such member had to receive such amounts will be automatically forfeited.

Any funds received by Dathappy from an account determined to have made a fraudulent deposit (e.g. using a stolen credit card) will be reversed immediately. If in a fraudulent payment situation, a withdrawal has already been processed from your Dathappy account with respect to the funds in question, you will be expected to return the funds to the Dathappy bank account or face account termination and reporting by Dathappy to the appropriate authorities.

 

20. Rules specific for Scopers

 

The Organizations submit their project ideas (Ideas) through a request form that generates tasks in ProofHub, in a dedicated project workspace that is named as “to be scoped”. The Scopers are added to this workspace and they receive in-app notifications and emails about the Ideas. The Scoper indicates that he/she wants to be the dedicated person to scope the idea into a Gig by assigning the Idea to his/her name in ProofHub, and moving it from the “Backlog” stage to the “In progress” stage, The ProofHub/Overview/Activities tab records such assignments and serves as proof.

The Scopers’ work starts from the first contact with the Organization and lasts until the scoped projects and the related Gigs are published on the Website, and (at least) the Project Manager is hired to deliver the project.

The Scopers’ remuneration is calculated after the Organization signed the Contract. The Scoper is entitled to 20% of the total contract value.

The payment will be initiated within 30 days after the Organization has paid Dathappy. In case the Organization pays the total contract value upfront, the Scoper will also receive the fee in one amount. However, if the agreement with the Organization is for multiple installments, we will follow the same schedule with regard to the Scoper’s fee too.

Payments to Scopers by Dathappy shall be made by Transferwise bank transfer. Scopers will receive an email (to the email account they registered on the Website) with the instructions on how to give their bank details to Transferwise to initiate the payment.  Payments will be made directly to the Scoper’s bank account according to the Contract payment terms. The Scoper will receive a copy of the Contract in a confirmation email together with the payment amount and payment schedule. All amounts are stated in and all payments will be made in Singapore dollars.

It is each person’s responsibility to register their bank account with the site. If within ninety (90) days after the end of the first calendar month for which a Scoper is entitled to payment, the Scoper has not registered the Scoper’s account, then any right such person had to receive such amounts will be automatically forfeited.

Any funds received by Dathappy from an account determined to have made a fraudulent deposit (e.g. using a stolen credit card) will be reversed immediately. If in a fraudulent payment situation, a withdrawal has already been processed from your Dathappy account with respect to the funds in question, you will be expected to return the funds to the Dathappy bank account or face account termination and reporting by Dathappy to the appropriate authorities.

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21. Effective Date

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February 10th, 2020

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