Fluidi5 Technologies Private Limited (“Fluidi5/Company”) is a company registered under the Companies Act, 2013, bearing CIN U72200KA2014PTC073582 and having its registered office at L376 / A, 14th B Cross Rd, Sector 6, HSR Layout, Bengaluru, Karnataka 560102.
The User is required to read the following Terms and conditions ( “Terms of Use”) carefully before agreeing to the same. Only upon the user ( ‘you” or “User” or Visitor”) clicking the “I agree” button below these Terms of Use have checked the check box beside it or clicked on submit button, will the User be allowed to use or access the services on the website [VOIZworks.com] ( “Site” or Website” or “app”) Such clicking on the “I agree” button shall amount to the equivalent of execution of a contract and the User shall be deemed to have agreed to the Terms of Use being acceptable to him/her /it and the same shall amount to express consent by the User in its full capacity and sound mind with no inducement or duress on the part of the Company or the Company to agree to the Terms of Use as governing contractual understanding for use of the Site. The term User shall refer to the user who is browsing the site and availing of the services provided by the Company. These terms of use are for an indefinite term and Users understand and agree that they are bound by such terms (“Terms of Use”).
1.1. VOIZ is the trademark owned by Fluidi5 Technologies Private Limited ("Fluidi5"). All back-end support for the application has been created and managed by Fluidi5 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 (Freelance Agent[s]), to help strike a mutually agreeable deal and is not the authority on the quality of Project made available by the Clients and performed by the Freelance Agent on the Platform.
1.3. The Site is owned, managed, and operated by Fluidi5 Technologies Private Limited. The Site is a platform that provides various services to Users best suited for the Users. By using the Site and the Platform, Users agree to follow and be bound by all terms and conditions concerning Users' use of the Site and the Platform. The following terms of use shall apply to Users who access the services available on the Platform. If there is a conflict between the Terms of Use and terms of use posted for any specific service(s) ("Additional Terms"), the latter shall have precedence concerning Users' use of that specific service of the Platform. Any such section of the Platform with different Additional Terms shall require Users to agree to such Terms of Use by employing the same mechanism as described above and failure to do so shall result in such section of the Platform being inaccessible to Users. These Terms of Use and Additional Terms constitute a contract (the “Contract”) between Fluidi5 and Users for use of the services provided by the Platform. If the Terms of Use found on this page conflict with the Additional Terms then the Additional Terms will prevail over these Terms of Use.
1.4. Subject to these Terms of Use, Fluidi5 shall grant to the Client, a non-exclusive, perpetual, non-assignable, non-transferable, revocable, and limited license to use the services available on the Platform and print copies of them only for use within the Users own business (the "Licensed Rights"). In exercising the Licensed Rights, Users shall not:
2.1. To access the services of the Platform, it is necessary for the User to create an account and register with the Platform as a client (Client), in addition to the acceptance of these Terms and Conditions.
2.2. The Client must be at least 18 years of age to obtain an account.
2.3. The process of creating an account requires the Client to sign up with the Platform and fill in certain personal information such as business name, address, mobile phone number, email address, no of agents to hire, and types of process among others and verify the account through mobile number OTP based verification ("Account").
2.4. KYC data of the Client shall be validated by Fluidi5 back office, within a period of 24 hrs. After this validation and approval, the Client may use the Platform.
2.5. Upon creating the Account, the Client shall be required to provide complete job/ service details posted on the Platform to be performed by the Freelance Agents. Only the services/jobs details providing complete information of the job description shall be made accessible to the Freelance Agents and it shall be the responsibility of the Client to provide complete details of the jobs/services posted before it is accessible on the Platform by the Freelance Agents.
2.6. The Client guarantees the accuracy, completeness, and timeliness of the information that he/she submits. If the information submitted proves to be false, incomplete, or outdated, Fluidi5 may disable the Client's access to the Platform.
3.1. The Platform allows: (a) the placement of information regarding various Project(s) posted by the Clients; (b) to make an application for procurement of the Project(s) available to the Freelance Agents and (c) intermediation by Platform between the Clients and the Freelance Agents.
3.2. Through the Platform, the Clients may (a) place any information for the Project(s) by uploading complete details of the Project(s) (project type, description, and Terms & conditions) and (b) release it on the Platform or send invitation to Freelance Agents to perform the Project(s) as per the terms and conditions of the Project(s).
3.3. If the Client makes an application for the Project(s) posted by the Client on the Platform, the Client shall confirm, within 24 hours, the receipt of the application and inform the Freelance Agent of the acceptance of the application and other details related to the Project(s).
3.4. The Client shall notify the Freelance Agent of the acceptance of the application for the Project(s), thus initiating the conclusion of the process.
3.5. The Client shall at all times have access to the data of the Freelance Agents concerning their performances of the Project(s) assigned by Clients as per the terms and conditions of this agreement.
3.6. The Client shall be solely responsible for the evaluation of the performance of the Freelance Agents and shall ensure that the Project(s) is performed to the satisfaction of the Client. At no point in time will Fluidi5 be liable for the failure of the Freelance Agent to perform the Project(s) assigned to it by the Client to the satisfaction of the Client.
3.7. The Client shall have the option to invite other users to be members of the Client team by sending invitations to the users and the Client may at any time add or remove any member from the Client team by accessing the Platform.
4.1. The Site and the Platform may undergo periodic updates and revisions. Fluidi5 maintains the right to delete or modify information on this Site and the Platform without prior notice.
4.2. Fluidi5 owns (or licenses from third parties) all intellectual property rights including, without limitation, patents, rights to inventions, copyright, and related rights, trademarks, business names and domain names, goodwill, and the right to sue for passing off, rights in designs, database rights, rights to use and protect the confidentiality of, confidential information, know-how, in each case whether registered or unregistered, which subsist or which may in the future subsist in the Site or the Platform ("Fluidi5 IP"). The client shall not acquire any right in respect of the Fluidi5 IP other than as expressly stated in these Terms of Use.
4.3. Client may not delete or in any manner alter or remove any text, copyright, trademark, and other proprietary rights or in any Fluidi5 IP or Project(s) available on the Platform except for the Project(s) made available by the Client. The client agrees to abide by all access and use restrictions contained in any services/products or content made available to the Client.
4.4. The trademarks, trade names, designs, logos, and service marks displayed on the Site or the Platform ("Marks") are the property of Fluidi5. The client is not permitted to use the Marks without the prior written consent of Fluidi5. The client shall not refer to or attribute any information to Fluidi5 in any public medium or otherwise imply any endorsement by, or relationship with, Fluidi5.
4.5. Except as expressly permitted in these Terms of Use, the Client shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content appearing on the Site without Fluidi5 's prior written consent.
4.6. It is herein clarified that Fluidi5 does not manufacture any index and hence is governed by the terms of use of respective third-party index manufacturers which are subject to change without any prior notice to Fluidi5. Fluidi5 reserves the right to discontinue providing data related to any such index if it is aware of any change in its terms of use, which may restrict Fluidi5 to share such data in any specified format or medium with the Client.
4.7. All information contained herein is obtained by Fluidi5 from sources believed by it to be accurate and reliable. However, Fluidi5 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 Fluidi5 to verify. Therefore all information contained herein is provided “AS IS” without warranty of any kind. Fluidi5 adopts all necessary measures so that the information it uses is of sufficient quality and from sources, Fluidi5 considers reliable including, when appropriate, independent third-party sources. However, Fluidi5 is not an auditor and cannot in every instance independently verify or validate information received in preparing this Site and the Project(s) serviced through this Platform. Clients are therefore further advised to employ due diligence and may on their try to validate the information before basing any decision on the information provided by Fluidi5. Fluidi5 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 Client due to any decision made based on such information.
4.8. All information contained herein must be construed solely as statements of opinion, and Fluidi5 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, Fluidi5 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 Fluidi5 and should not be construed as any indication of credit rating or grading of Fluidi5 for any instruments that have been issued or are to be issued by any entity. The recipient alone shall be fully responsible and/or liable for any decision taken based on this document and/or the information contained herein.
4.9. Fluidi5 may suspend (temporarily or indefinitely) or terminate or block access to the Site and/or Client Account at any time.
4.10. Any information ( “Third Party Information”) accessed by the Client 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 Client and such third party and neither Fluidi5 nor its affiliates, holding or subsidiary or group entities shall be liable in any way for any losses suffered by the Client arising out of decisions made based on such Third Party Information. Fluidi5 neither confirms nor denies the veracity of such Third Party Information.
5.1. Client agrees to use the Website only for purposes that are permitted by, and under (a) these Terms of Use; (b) the Privacy Policy; (c) the Additional Terms; and (d) any applicable law.
5.2. Client shall not:
6.1. The Site is strongly committed to the Client's right to privacy and to keep the Client's personal and financial information secure. To earn the Client's trust and confidence in our commitment, we are fully disclosing our privacy practices which are incorporated by reference into these Terms of Use. We encourage Clients to read our Privacy Policy to understand what types of personally identifiable information we collect and how we use this information.
6.2. This Privacy Policy (“Policy”) sets forth the reasonable security practices and procedures adopted by Fluidi5 and shall apply to the use and disclosure and sharing of sensitive personal data or information (“Personal Identifiable Information” or “PII”) provided by the registered users of the website [VOIZ] (“Website”), which is owned and operated by Fluidi5. This policy is equally applicable to the visitors to the Website. The Policy outlines the various measures undertaken by Fluidi5 to provide the Client with a convenient and safe online/ experience, while maintaining and safeguarding the confidentiality, integrity, and security of Client PII, during storage and transmission through the World Wide Web. This Policy explains how Fluidi5 protects PII provided by the Client through the Website and how Fluidi5 store and use that information, to deliver the services on the Website.
6.3. This Privacy Policy forms an integral and inseparable part of the Terms of Use and by clicking the ‘I agree on the button at the end of the Terms of Use, the Client would be expressing and recording the Client's intent to agree to the terms of this Privacy Policy and will be deemed to have accepted the protections and measures mentioned herein to be acceptable to Client as fair and diligent measures to protect the integrity and confidentiality of Client Personal Identifiable Information.
6.4. Please read this Policy carefully, it is subject to change at any time, and is advised that the Client review this Policy periodically. Any change to this Policy will become effective as soon as it is posted or linked to the revised Policy on the Website. The client shall receive a notification whenever there is a change in our Policy on the Client's registered Email ID and the issuance of the notification shall constitute a fair amendment of the Privacy Policy. If at any time such changes are not agreeable to a Client, he may terminate his registration with Fluidi5. Termination of registration or stopping of further use shall not result in any automatic deletion of Client PII already stored with Fluidi5 and Fluidi5 takes no responsibility or makes no representation that would imply otherwise. It is, therefore, the Client's responsibility to read and assess such changes in the Policy once such notifications have been sent to the Client's registered email ID. Fluidi5 shall send such notifications only to registered email Ids of such Clients who are active and trial users shall not receive such notifications after the expiry of their trial period unless they have become regular users by then.
7.1. The registration on the Fluidi5 website ( “Site”) will require the Client to enter certain PII, including but not limited to its business name, email address, phone number, sensitive personal information, feedback, or other details to help the Client with a better experience.
7.2. Further Fluidi5 will collect IP addresses for site security and to better understand how Client behavior, the difficulty of use, Client experience on the Site, and the services available on the Platform and shall internally analyze such data in an anonymous form to improve Fluidi5’s services and effectively Client overall user experience on the Site.
7.3. During Client use of the Site and the services of the Platform, the Site and Fluidi5 may receive access to some of Client's financial information as may be provided by Client to access the services of the Platform or for accessing any Third Party Services through API integration through the Site. This information may include information that may also be like KYC information or personal financial information. Wherever such financial information is of the nature that even if disclosed in isolation it will result in the identification of the person to whom such data pertains, shall qualify as PII and shall be classified as PII and shall be treated in the same manner and at the same standard as PII will be treated as per this Privacy Policy.
7.4. For quality reasons, we use a feature called "cookie”. Cookies are small files that a site or its service provider transfers to the Client's computer's hard drive through the Client's Web browser (if the Clients allow it) that enables the site's or service provider's systems to recognize the Client's browser and capture and remember certain information. Please remember although we may assign the Client browser a cookie, the cookie does not tell us who the users are. Only the Client can tell us that. Mechanisms related to the use of Cookies shall be explained in the Cookie Policy section of the Privacy Policy.
7.5. Any PII that Client may share with any third party by using their API plugged to our Site, even if such is done by using or accessing such API through our Site, shall be the responsibility of such third party service provider or platform to the extent of their data storage and protection at their end. However, this would not affect negatively the security mechanisms Fluidi5 will continue to employ to protect Client PII which may be stored with it. Wherever a third-party Integrated API is accessed or used through the Site, Fluidi5 reserves the right to aid the Client in the process by transferring Client relevant Data including PII to auto-fill such forms. In such case, such forms and information will also become accessible to and available with such Third Party service provider and Fluidi5 shall not be responsible for the protection of such data in third-party custody even though such data in Fluidi5 custody shall continue to be protected as per the Privacy Policy. This is a clear exception to the general data protection provided by Fluidi5 and shall not be construed as a violation of personal privacy rights as the act of accessing such Third party API or executing transactions through the same shall be construed to be implied consent of such service support from Fluidi5 thus allowing Fluidi5 to share such relevant information including PII with such third party.
We collect information from Clients when Clients register on our Site, fill out a feedback form, or post-service/job details on our Site. From time to time, the Site may also request other PII to provide the Client with other benefits of the services of the Site. On all such occasions, the Client will have the opportunity to provide or decline to provide such further PII. However, declining to provide such PII sought may result in the Client not being able to use such specific service of the Platform that required such additional PII.
9.1. We may use the information collected from the ROz=M Client in the following ways:
9.2. To personalize Client experience and provide content and service offerings that are best suited to Client interests
9.3. To improve our website to serve Clients better
9.4. To allow us to better respond to Client specific service requests
9.5. To improve our service offering(s)
9.6. To improve with better placement of advertisements
10.1. The following paragraph briefly describes the mechanisms put in place and practices implemented by Fluidi5 to protect and maintain the integrity and confidentiality of Client PII
10.2. Fluidi5 shall, at all times, store Client PII in its cloud server storage ( operated by an external vendor) and is General Data Protection Regulation (EU) 2016/679 ("GDPR") compliant. Fluidi5 ensures that such a cloud storage mechanism does not result in the storage of Client PII in any server outside the territory of the Republic of India.
10.3. Client unique user ID allocated to Client at the time of registration shall be accorded a confidential code internally in its stored form such that Client PII cannot be linked to Client USER ID without access to the specific code
10.4. Further all Client's PII shall be stored in an encrypted and anonymized form. Client PII is stored in secured networks and only a limited number of persons can access Client PII. This personnel are conferred special access rights and are required to keep the information confidential. Such persons are themselves bound by stringent standards and contractual regarding their obligations regarding maintaining the confidentiality of Client PII.
10.5. All sensitive/credit information Client supply is encrypted and anonymized. Further, Fluidi5 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 requests from Government agencies supported by warrants, Fluidi5 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 a specific warrant from such authority issued by a competent Court. In such an event Fluidi5 shall not be liable in any way for such disclosure and Fluidi5 shall not be responsible for either informing the Client or seeking the Client's prior approval. Fluidi5 regularly carries out security audits of its website and server storage mechanisms and any loopholes, or bugs found there are immediately removed and addressed.
11.1. However, any third-party API linked to our Site shall be accessed by the Client at their own risk and responsibility and subject to the privacy terms of such third party service provider or platform. Any information including PII disclosed to such third parties by the Client shall not be the responsibility of the Site and/or Fluidi5 and shall solely lie with such third party vendor and/or the Client.
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, to protect the Project(s) of the Clients, or to protect the safety of our Client, or others.
12.1. Client personal data shall be stored with Fluidi5 for a pre-determined period after the Client ceases to use or access our Platform as per the internal policies for data storage of Fluidi5 and the same shall be eventually erased/ purged/removed from Fluidi5 storage as per relevant applicable policies of Fluidi5.
13.1. Our Site may use cookies. By using our website and agreeing to these terms of use, Freelance Agent consent to our use of cookies in accordance with the terms of our Privacy policy.
13.2. Help us remember and process the items that Freelance agents are looking for
13.3. Understand Freelance Agent preferences based on previous or current site activity, which enables us to provide Freelance 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 the future.
13.5. Understand and save Freelance Agent preferences for future visits.
13.6. Freelance Agent can choose to direct its browser to warn Freelance Agent each time a cookie is being sent, or Freelance Agent can turn off all cookies through Freelance Agent's browser settings. Each browser is different, so refer to your browser's help menu to learn the correct way to modify your cookies.
13.7. If Freelance Agent disables cookies Freelance Agent can still visit our site but some features will be disabled. This could affect Freelance Agent's site and service experience and efficiency, and some of our services will not function as desired.
13.8. Fluidi5 is neither responsible nor liable for any actions or policies of any third parties, and Freelance agents are expressly advised to check the applicable privacy policy of such third parties before providing PII to such third parties.
14.1. This Site may contain links to other websites of interest, operated by parties other than Fluidi5. Such links are provided for Freelance Agent convenience only. However, once Freelance Agent has used these links to leave our site, Freelance Agent should note that we do not have any control over such third-party websites. Therefore, Fluidi5 is not responsible for its contents or its practices of information protection and privacy which Users may provide while accessing such sites. Freelance Agents are advised to exercise caution and look into the privacy norms and Terms of Use applicable to the website(s) in question. Fluidi5’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.
14.2. Any information (“Third Party Information accessed by the Freelance Agent by accessing any third party website hyperlinked on the Site or any third party API plugged into the Site, shall be the sole responsibility of such Freelance Agent and such third party and neither Fluidi5 nor its affiliates, holding or subsidiary or Group entities shall be liable in any way for any losses suffered by the Freelance Agent arising out of decisions made on the basis of such Third Party Information. Fluidi5 neither confirms nor denies the veracity of such Third Party Information.
14.3. Further since Fluidi5 nor its group entities, holding or subsidiary entities, directors, officers, or personnel are not aware of the privacy practices of such third-party websites, Fluidi5, and all its affiliates and Group entities shall not be responsible for the protection of integrity and confidentiality of any information including PII shared by the Freelance Agent in such websites or in the process of accessing or registering with such websites including any cookies used by such websites on your browsers. By agreeing to these terms of Use, Freelance Agent is expressly waiving any right of Freelance Agent to claim any damages or otherwise any other legal or equitable remedy against Fluidi5, its group entities, and affiliates including all its employees and personnel for any loss of data, information, disclosure of information including PII or any other losses ( quantified, present, accrued or potential or otherwise ) arising directly or indirectly due to Freelance Agent use of such third party links, website or APIs.
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 Fluidi5. All rights not expressly granted herein are reserved. Unauthorized use of the materials 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. Freelance Agents are granted a non-exclusive, non-transferable, limited right to access the Site and avail of the Projects provided by Fluidi5 and the 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 Fluidi5 and any unlawful use or reproduction, distribution, financial exploitation of the same shall be considered to prima facie infringement of Fluidi5’s copyright and Fluidi5 shall have the right to seek all remedies available in law including but not limited to injunctive reliefs against such Freelance Agent to best protect its property as well as to mitigate any further irreversible damage.
Fluidi5 reserves the right to deny in its sole discretion any Freelance Agent access to this Web site or the services of the Platform and the Projects or any portion thereof without notice.
17.1. Fluidi5 reserves the right to change the terms, conditions, and notices under which this Website is offered. In the event of any change in terms and conditions ( that is any change in the terms of this Terms of Use), Fluidi5 shall notify Freelance Agent in Freelance Agent registered email ID. Issuance of such notice shall mean valid and complete disclosure and intimation to Freelance Agent and any Freelance Agent agreeing to these terms would be deemed to have agreed to the same inclusive of all such future amendments. Freelance Agent continuing use of the Website and the services available therein after such notification shall be further considered a complete, well-informed, and unambiguous acceptance and consent to such changes and amendments. In the event Freelance Agent does not agree to such changes, Freelance Agent may terminate the services available on the Platform and the website or stop the use of the same.
17.2. Terms of use to any specific section of the website or any specific service available on the Site shall be part of the terms of use of such section as subscription plans and only a separate clickwrap acceptance of the same shall be necessary.
18.1. Nothing in these Terms of Use excludes or limits Fluidi5 liability for death or personal injury arising from its negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
18.2. The Website and all services provided by Fluidi5 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. Fluidi5 is not responsible in any way for (a) any type of dispute, default, or damage caused to the Freelance 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 the maximum extent permitted by law, Fluidi5 shall not be liable for:
18.5. The information available on the Platform, Fluidi5 assumes no responsibility for any error, omission, inaccuracy, or falsity of the information transmitted by the Freelance Agent. The Company is in no way responsible for the information contained on the Platform.
18.6. The Platform may be made available or accessible within the scope of third-party service and content outside the control of Fluidi5. The Freelance Agent acknowledges that the use of third-party services and content may be subject to their terms of use and privacy policies. Fluidi5 provides no warranty and is not responsible for such third-party services and content. Additionally, any use of the Platform by third-party beneficiaries does not create any relationship between the Freelance Agent and Fluidi5. Access to the Platform by the Freelance Agent, through third-party equipment, services, and/or content is subject to the conditions stipulated in the terms and conditions applicable to the service of the third party.
18.7. In no event shall Fluidi5 be liable to the Freelance Agent or any contact center 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 Fluidi5 has been advised of the possibility of such damages or costs
18.8. Freelance Agent acknowledges that the exclusions and limitations on Fluidi5 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 Freelance Agent agrees that Fluidi5 may approach the Freelance Agent for reference quotes for the Platform. The Agent also agrees to reasonably cooperate with Fluidi5 in the evaluation of the Platform and to provide feedback to Fluidi5 upon its request.
The Freelance 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 Fluidi5. All data generated from the calls/emails/ chat by the Freelance Agents shall be the confidential information of the Client of the Fluidi5 hiring the Freelance Agent. Except as (i) permitted by this Agreement, or (ii) required by law or by any competent government authority, the Freelance 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 Fluidi5. The Freelance 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 Freelance Agent uses to protect its information of a similar nature, but in no event less than a reasonable degree of care. The Freelance Agent shall not cause or permit the reverse engineering or disassembly or de-compilation or translation of the source code into a human-readable form of the Platform (or any portion thereof). The Freelance Agent shall promptly notify the Company in writing of any misuse or misappropriation of the Platform, which may or should come to the Freelance Agent’s attention.
The Freelance Agent will indemnify, defend and hold Fluidi5 and its Affiliates harmless, at its own expense, against any third-party claim, suit, action, or proceeding (each, an "Claims") brought against Fluidi5 (and/or its officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party or the Client not affiliated with Fluidi5 or its Affiliates to the extent that such Claim is 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 Freelance Agent acknowledges and agrees that unauthorized disclosure or use of the Platform, or any information contained therein, will diminish the value thereof to Fluidi5. Therefore, if the Freelance Agent breaches any obligations outlined in this Agreement, Fluidi5 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 Fluidi5 in equity or law from a court of competent jurisdiction.
The Freelance Agent may be required to execute a Non-Disclosure Agreement with the Client and/or contact center before the commencement of Projects, which will govern the non-confidentiality, non-compete provisions of the CZ Agent concerning the Client.
These terms and conditions are governed by the laws of the Government of India. Freelance Agent hereby consents to the exclusive jurisdiction and venue of courts in Bangalore, India, in all disputes arising out of or relating to the use of this Site. Use of this Site or the services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Freelance Agents agree that no joint venture, partnership, employment, or agency relationship exists between them and Fluidi5 as a result of this agreement or use of the services available on the Site. Fluidi5 performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Fluidi5 right to comply with governmental, court, and law enforcement requests or requirements relating to Freelance Agent use of this Site and access to any Projects of the Clients or any content or information provided to or gathered by Fluidi5 concerning such use. If any part of this terms of use is determined to be invalid or unenforceable according to applicable law including, but not limited to, the Disclaimer of Warranties & Limitation of Liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the provisions of terms of use shall continue in effect. These terms of use constitute the entire agreement between the Freelance Agent and Fluidi5 concerning this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Freelance Agent and Fluidi5 concerning this Web site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this terms of use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, services, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, services, or event. Any rights not expressly granted herein are reserved
All rights including copyright and moral rights are reserved by Fluidi5 Technologies Private Limited.