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.
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.
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 If the information submitted proves to be false, incomplete, or outdated, Fluidi5 may disable the Client's access to the Platform.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.
4.3. 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.
4.7. 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.
5.2. Client shall not:
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.
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.
13.2. 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.
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.
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.
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.
18.7. 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.
All rights including copyright and moral rights are reserved by Fluidi5 Technologies Private Limited.