SmarterBiz Technologies Private Limited (“SmarterBiz/Company”) is a company registered under the Companies Act, 2013, bearing CIN U72200KA2014PTC073582 and having its registered office at Ground Floor, Indiqube-Orion, 24th Main Road, Haralukunte Village,2nd Sector, HSR Layout, Bengaluru (Bangalore) Urban, Karnataka, 560102.
1.1. Voiz is the trademark owned by SmarterBiz Technologies Private Limited ("SmarterBiz"). All back- end support for the application has been created and managed by SmarterBiz and Voiz is the user interface (" also herein after referred as Platform")
1.2. Platform is only a facilitator between the users who post various services/jobs ("Project(s)") on the Platform (Client(s)) and users interested in procurement of those Projects (CX Agent[s]), to help strike a mutually agreeable deal and is not the authority on the quality of Projects made available by the Clients and performed by the CX Agent on the Platform.
2.1. To access the services of the Platform, the User shall select the Project(s) from the global jobs page of the Platform and send in application for the same.
2.2. In order to send the application for the Project applied on the Platform, it is necessary for the User to create an account and register with the Platform as an agent (CX Agent), in addition to the acceptance of these Terms and Conditions.
2.3. The CX Agent must be at least 18 years of age to obtain an account.
2.4. The process of creating an account requires the CX Agent to fill in certain personal information such as name, address, mobile phone number, email address, work experience, preference among others and accept the terms and conditions ("Account").
2.5. KYC data of the CX Agent shall be validated by SmarterBiz back office, within a period of 24 hrs. After this validation and approval, the CX Agent may use the Platform.
2.6. The CX Agent guarantees the accuracy, completeness and timeliness of the information that he/she submits. If the information submitted proves to be false, incomplete or outdated, SmarterBiz may disable the CX Agent's access to the Platform.
2.7. The CX Agent is responsible for all activity in his/her Account and undertakes to always keep the security and confidentiality of his/her User name and password.
2.8. The CX Agent undertakes to immediately notify SmarterBiz if he/she becomes aware of an unauthorized use or any other breach of security relating to his/her Account.
2.9. With the creation of the Account, the CX Agent is entitled to access the global job post page provided by the Platform, according to these Terms and Conditions.
2.10. The CX Agent undertakes to keep his/her Account (Bank, KYC) updated at all times and shall immediately notify SmarterBiz operations team in the event any error found in the data of the CX Agent and request to update the same by providing the relevant supporting document to SmarterBiz operations team. Further at no point of time SmarterBiz shall be liable for any false, incomplete or outdated information provided by the CX Agent in the Account
3.1. The Platform allows: (a) the placement of information regarding various Projects posted by the Clients; (b) to make application for procurement of the Projects available to the CX Agents and (c) intermediation by Platform between the Clients and the CX Agents.
3.2. Through the Platform, the CX Agent shall make an application for the Projects to be performed by the CX Agent for the Client. To this end, the CX Agent shall indicate on the Platform any data requested, namely the Project that he/she intends to perform, time slot and working days and other details of the Project etc.
3.3. In the event that the CX Agent makes the application in terms of clause 3.2 above, the CX Client shall confirm, within 24 hours, the receipt of the application and inform the CX Agent of the acceptance of the application and other details related to the Project.
3.4. The CX Agent shall receive the information of the acceptance of the application for the Project, thus initiating the conclusion of the process.
4.1. The Site and the Platform may undergo periodic update and revision. SmarterBiz maintains the right to delete or modify information on this Site and the Platform without prior notice.
4.3. CX Agent may not delete or in any manner alter or remove any text, copyright, trademark, and other proprietary rights or in any services or Projects available on the Platform. CX Agent agree to abide by all access and use restrictions contained in any service of the Platform or the Projects or content made available to the CX Agent.
4.4. The trademarks, trade names, designs, logos and service marks displayed on the Site or the Platform ("Marks") are the property of SmarterBiz. CX Agent are not permitted to use the Marks without the prior written consent of SmarterBiz. CX Agent shall not refer to or attribute any information to SmarterBiz in any public medium or otherwise imply any endorsement by, or relationship with, SmarterBiz.
4.7. All information contained herein is obtained by SmarterBiz from sources believed by it to be accurate and reliable. However, SmarterBiz is not liable for guaranteeing the accuracy of such information since the same could be affected by human or mechanical errors or various other factors including errors at the source which are beyond the control of SmarterBiz to verify. Therefore all information contained herein is provided “AS IS” without warranty of any kind. SmarterBiz adopts all necessary measures so that the information it uses is of sufficient quality and from sources SmarterBiz considers to be reliable including, when appropriate, independent third-party sources. However, SmarterBiz is not an auditor and cannot in every instance independently verify or validate information received in preparing this Site and the Projects serviced through this Platform. CX Agents are therefore further advised to employ due diligence and may on their own try to validate the information before basing any decision on the information provided by SmarterBiz. SmarterBiz is by no way liable for the accuracy of the information shared on the Site and consequently for any losses that may be suffered by any CX Agent due to any decision made on the basis of such information.
4.8. All information contained herein must be construed solely as statements of opinion, and SmarterBiz or its affiliates or group companies and its respective and any of its officers, directors, personnel and employees, shall not be liable for or accept any liability for any loss, damage of any nature, including but not limited to direct, indirect, punitive, special, exemplary, consequential, as also any loss of profit in any way arising from the use of this Platform or its contents in any manner or for any contingency within or beyond the control of, SmarterBiz or any of its directors, officers, employees, agents, representatives, licensors or suppliers, arising directly or indirectly from or in connection with the information contained herein or the use of or inability to use any such information. Opinions expressed in the Site or the Platform are not the opinions of SmarterBiz and should not be construed as any indication of credit rating or grading of SmarterBiz for any instruments that have been issued or are to be issued by any entity. The recipient alone shall be fully responsible and/or are liable for any decision taken on the basis of this document and/or the information contained herein.
4.9. SmarterBiz may suspend (temporarily or indefinitely) or terminate or block access to the Site and/or CX Agent Account at any time.
4.10. Any information ( “Third Party Information”) accessed by the CX Agent by accessing any third party website(s) hyperlinked on the Site or any third party API plugged in to/ integrated with the Site, shall be the sole responsibility of such CX Agent and such third party and neither SmarterBiz nor its affiliates, holding or subsidiary or group entities shall be liable in any way for any losses suffered by the C X agent arising out of decisions made on the basis of such Third Party Information. SmarterBiz neither confirms nor denies the veracity of such Third Party Information.
5.2. CX Agent shall not:
7.1. The registration on the SmarterBiz website ( “Site”) will require CX Agent to enter certain PII, including but not limited to it's name, email address, phone number, sensitive personal information, feedback or other details to help CX Agent with better experience.
7.2. Further SmarterBiz will collect IP addresses for site security and to better understand of how CX Agent behaviour, difficulty of use, CX Agent experience on the site or the Projects and shall internally analyse such data in an anonymous form to improve SmarterBiz’s services and effectively CX Agent over all user experience on the Site and the Projects.
We collect information from CX Agent when CX Agent register on our Site, fill out a feedback form or make a service enquiry on our Site. From time to time, the Site may also request other PII to provide CX Agent with other benefits of the services of the Site. On all such occasions, CX Agent will have the opportunity to provide or to decline to provide such further PII. However, declining to provide such PII sought may result in CX Agent not being able to use such specific service that required such additional PII.
10.1. The following paragraph briefly describes the mechanisms put in place and practices implemented by SmarterBiz to protect and maintain integrity and confidentiality of CX Agent PII
10.2. SmarterBiz shall, at all times, store CX Agent PII in its cloud server storage ( operated by external vendor) and is General Data Protection Regulation (EU) 2016/679 ("GDPR") compliant. SmarterBiz ensures that such cloud storage mechanism does not result in storage of CX Agent PII in any server outside the territory of the Republic of India.
10.3. CX Agent unique user ID allocated to CX Agent at the time of registration shall be accorded a confidential code internally in its stored form such that CX Agent PII cannot be linked to CX Agent USER ID without access to the specific code
10.4. Further all CX Agent PII shall be stored in an encrypted and anonymized form. CX Agent PII is stored in secured networks and only limited number of persons can access CX Agent PII. These personnel are conferred special access rights and are required to keep the information confidential. Such persons are themselves bound by stringent standards and contractual terms on their obligations in relation to maintaining the confidentiality of CX Agent PII.
10.5. All sensitive/credit information CX Agent supply are encrypted and anonymized. Further, SmarterBiz shall employ a private key and public key mechanism to maintain the integrity of the encryption. However, in the event of any regulatory inquiry, including court issued warrants or written request from Government agencies supported by warrants, SmarterBiz shall have no option but to de-encrypt the PII to the extent sought and share the same with such regulator or court or appropriate authority upon receiving specific warrant from such authority issued by a competent Court. In such an event SmarterBiz shall not be liable in any way for such disclosure and SmarterBiz shall not be responsible to either inform CX Agent or seek CX Agent prior approval. SmarterBiz regularly carries out security audit of its website and server storage mechanisms and any loopholes, bugs found there in are immediately removed and addressed.
11.1. However, any third party API linked to our Site shall be accessed by the CX Agent at their own risk and responsibility and subject to privacy terms of such third party service provider or platform. Any information including PII disclosed to such third parties by the CX Agent shall not be the responsibility of the Site and/or SmarterBiz and shall solely lie with such third party vendor and/or the CX Agent.
11.2. We may disclose PII if required by any applicable law, or in response to any legal action, to protect the rights or property of the website and the services of the Platform, or to protect the Project(s) of the CX Clients or to protect the safety of our CX Agent, or others.
12.1. CX Agent personal data shall be stored with SmarterBiz for a pre-determined period after CX Agent cease to use or access our Platform as per the internal policies for data storage of SmarterBiz and the same shall be eventually erased/ purged/removed from SmarterBiz storage as per relevant applicable policies of SmarterBiz.
13.2. Help us remember and process the items that CX Agent are looking for
13.3. Understand CX Agent preferences based on previous or current site activity, which enables us to provide CX Agent with improved services.
13.4. Compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in future.
13.5. Understand and save CX Agent preferences for future visits.
13.6. CX Agent can choose to direct its browser warn CX Agent each time a cookie is being sent, or CX Agent can turn off all cookies through CX Agent's browser settings. Each browser is different, so refer your browser's help menu to learn the correct way to modify your cookies.
13.7. If CX Agent disable cookies CX Agent can still visit our site but some features will be disabled. This could affect CX Agent's site and service experience and efficiency, and some of our services will not function as desired.
14.2. Any information (“Third Party Information accessed by the CX Agent by accessing any third party website hyperlinked on the Site or any third party API plugged in to the Site , shall be the sole responsibility of such CX Agent and such third party and neither SmarterBiz nor its affiliates, holding or subsidiary or Group entities shall be liable in any way for any losses suffered by the CX Agent arising out of decisions made on the basis of such Third Party Information. SmarterBiz neither confirms nor denies the veracity of such Third Party Information.
No material from the Site or the Projects made available therein, may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from SmarterBiz. All rights not expressly granted herein are reserved. Unauthorised use of the materials and and/or the Projects and/or the services available on the Site may violate trademark and other applicable laws, and could result in legal penalties. CX Agent are granted a non-exclusive, non-transferable, limited right to access the Site and avail the Projects provided by SmarterBiz and the CX Clients on the Site. All information displayed on the Site and the services available on the Site ( unless expressly cited or credited to be sourced from a third party source) shall be considered to be copyrighted work of SmarterBiz and any unlawful use or reproduction, distribution, financial exploitation of the same shall be considered to prima facie infringement of SmaterBiz’s copyright and SmarterBiz shall have the right to seek all remedies available in law including but not limited to injunctive reliefs against such CX Agent in order to best protect its property as well as to mitigate any further irreversible damage.
SmarterBiz reserves the right to deny in its sole discretion any CX Agent access to this Web site or the services of the Platfrom and the Projects or any portion thereof without notice.
18.2. The Website and all services provided by SmarterBiz with reasonable skill and care but on an "as is" and "as available" basis. All warranties whether express, implied, statutory or otherwise, including without limitation any implied warranties as to non-infringement, correspondence with description, merchantability or fitness for a particular purpose are excluded to the fullest extent permitted by law.
18.3. SmarterBiz is not responsible in any way for: (a) any type of dispute, default or damage caused to the CX Agent through the use of Platform; (b) any damage caused to third parties; (c) any damage, injury or loss arising from the use of the services provided by the Platform, including any failures or interruptions in the functioning of the Platform and the inability to access the Platform; (d) any damage that may result from a malfunction of the Platform, either by computer failure, viruses, Trojan horses, worms or something causing interference in the system.
18.4. Subject to section clause 18.1 above, and to the maximum extent permitted by law, SmaterBiz shall not be liable for:
18.5. The information available on the Platform, SmarterBiz assumes no responsibility for any error, omission, inaccuracy or falsity of the information transmitted by the CX Agent. The Company is in no way responsible for the information contained on the Platform.
18.7. In no event shall SmarterBiz be liable to the CX Agent or any contact centre or Client for any consequential, exemplary, punitive, incidental, indirect, or special damages or costs (including attorneys’ or experts’ fees) arising from the use of the Platform under this Agreement or otherwise arising out of or related to this Agreement, whether or not SmarterBiz has been advised of the possibility of such damages or costs
18.8. CX Agent acknowledges that the exclusions and limitations on SmaterBiz's liability set out in this clause are distinct and separate provisions. If any provision or part-provision of this clause is or becomes invalid, illegal or unenforceable, the provisions of clause 24 shall apply.
The CX Agent agrees that SmarterBiz may approach the CX Agent for reference quotes for the Platform. The Agent also agrees to reasonably cooperate with SmarterBiz in the evaluation of the Platform and to provide feedback to SmarterBiz upon its request.
The CX Agent acknowledges and agrees that the Platform and the technical information contained therein and all information generated through the Platform, including data related to trouble reports, are highly proprietary and confidential to SmarterBiz. All data generated from the calls/emails/ chat by the CX Agents shall be the confidential information of the Client of the SmarterBiz hiring the CX Agent. Except as (i) permitted by this Agreement, or (ii) required by law or by any competent government authority, the CX Agent shall not use the Platform or disclose the Platform to any third party, either during the term of this Agreement or thereafter, without the prior written consent of SmarterBiz. The CX Agent shall take all reasonable measures to protect the secrecy of and avoid disclosure or use of the Platform or information contained therein, to protect it from falling into the public domain or the possession of unauthorized persons, which measure shall include the highest degree of care that the CX Agent uses to protect its own information of a similar nature, but in no event less than a reasonable degree of care. The CX Agent shall not cause or permit the reverse engineering or disassembly or de-compilation or translation of the source code into human readable form of the Platform (or any portion thereof). The CX Agent shall promptly notify the Company in writing of any misuse or misappropriation of the Platform, which may or should come to CX Agent’s attention.
The CX Agent will indemnify, defend and hold SmarterBiz and its Affiliates harmless, at its own expense, against any third-party claim, suit, action, or proceeding (each, an "Claims") brought against SmarterBiz (and/or its officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party or the Client not affiliated with SmarterBiz or its Affiliates to the extent that such Claim are based upon or arises out of
I. unauthorized or illegal use of the Platform by the Agent,
II. non-compliance with or breach of this Agreement
The CX Agent acknowledges and agrees that unauthorized disclosure or use of the Platform, or any information contained therein, will diminish the value thereof to SmarterBiz. Therefore, if the CX Agent breaches any obligations set forth in this Agreement, SmarterBiz shall be entitled to equitable relief to protect its interests in the Platform, or any information contained therein, including but not limited to injunctive relief, as well as any other remedies available to SmarterBiz in equity or law from a court of competent jurisdiction.
The CX Agent may be required to execute a Non-Disclosure Agreement with the Client and/or contact centre prior to the commencement of Projects, which will govern the non-confidentiality, non-compete provisions of the CZ Agent with respect to the Client.
All rights including copyright and moral rights are reserved by SmarterBiz Technologies Private Limited.
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