Terms and Conditions

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.

The User is required to read the following Terms and conditions ( “Terms of Use”) carefully before agreeing to the same. Only upon user ( ‘you” or “User” or Visitor”) clicking the “I agree” button below these Terms of Use having checked the check box beside it , will the User be allowed to use or access the services on the website [●] ( “Site” or Website”) 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 an 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 the services provided by the Company. This terms of use is for an indefinite term and Users understand and agree that they are bound by such terms (“Terms of Use”).

1. GENERAL TERMS

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]) or Contact Centre(s) ( accumulation of multiple service provider acting together), to help strike a mutually agreeable deal and is not the authority on the quality of Projects made available by the Clients or various contact centres and performed by Contact Centre on the Platform.

1.3. The Site is owned, managed and operated by SmarterBiz 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 with respect to 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 SmarterBiz 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, SmaterBiz shall grant to Users, 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 Users own business (the "Licensed Rights"). In exercising the Licensed Rights, Users shall not:

  • Provide copies of, distribute, or otherwise make available any part of the services to any third party
  • Sell, or charge any third party to receive any services available on the Platform
  • Modify, translate, copy, adapt, distribute, transmit, display, perform, reproduce, publish, license, transfer, sell or create derivative works based on, the services save as expressly permitted in these Terms of Use.

2. CONDITIONS OF USE AND OPERATION OF THE PLATFORM

2.1. The Contact Centre shall be duly registered under the applicable law.

2.2. To access the services of the Platform, it is necessary for the User to create an account and register with the Platform as a Contact Centre ("Contact Centre") either in the category of (a) CX Agent or (b) CX Client, in addition to the acceptance of these Terms and Conditions.

2.3. The process of creating an account requires the Contact Centre to fill in certain personal information depending upon the category under which the Contact Centre is getting registered subject to the above clause. In the event Contact Centre is getting registered as CX Agent then the Contact Centre shall provide information such as name, address, mobile phone number, email address, work experience, preference among others. However, if the Contact Centre is getting registered as CX Client, the Contact Centre shall 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 shall provider following information. ("Account").

2.4. KYC data of the Contact Centre shall be validated by SmarterBiz back office, within a period of 24 hrs. After this validation and approval, the Contact Centre may use the Platform.

2.5. The Contact Centre 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 Contact Centre's access to the Platform.

2.6. The Contact Centre 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.

2.7. The Contact Centre 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.

2.8. With the creation of the Account, the Contact Centre is entitled to access services provided by the Platform, according to these Terms and Conditions.

2.9. The Contact Centre 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 Contact Centre 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 Contact Centre in the Account

3. PLATFORM

1.1. The Platform allows: (a) the placement of information regarding various Projects posted by the Clients or Contact Centres acting as CX Client; (b) to make application for procurement of the Projects available on the Platform for Contact Centres acting as CX Agent and (c) intermediation by Platform between the Clients and the CX Agents or between other Contact Centres.

3.2. Through the Platform, the Contact Centre acting as CX Clients may (a) place any information for the Project(s) by uploading complete details of the Project(s) (project type, description and Terms & condition) and (b) release on the Platform or send invitation to CX Agents or other contact centres to perform the Project(s) as per the terms and conditions of the Project(s),

3.3. However if the Contact Centre is acting as a CX Agent then it shall make an application for the Projects to be performed by the Contact Centre. To this end, the Contact Centre 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.

3.4. In the event that the Contact Centre places the information for the Projects in terms of clause 3.2 above or makes the application in terms of clause 3.3 above, the CX Client shall confirm, within 24 hours, the receipt of the application and inform the Contact Centre acting as CX Agent of the acceptance of the application and other details related to the Project.

3.5. The Contact Centre shall receive the information of the acceptance of the application for the Project, thus initiating the conclusion of the process.

3.6. The CX Client shall at all times have access to the data of the Contact Centre with respect to their performances of the Project(s) assigned by CX Clients as per the terms and condition of this agreement.

3.7. The CX Client shall be solely responsible for evaluation of the performance of the Contact Centre and shall ensure that the Project(s) are performed to the satisfaction of the CX Client. At no point of time will SmarterBiz be liable for failure of Contact Centre to perform the Project(s) assigned to it by the CX Client to the satisfaction of the CX Client.

3.8. In the event the Contact Centre is acting as CX Client the Contact Centre shall have the option to invite other users to be member of the Contact Centre team by sending invitation to the users and the Contact Centre may at any time add or remove any member from the Contact Centre team by accessing the Platform

4. USAGE RIGHTS

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.

4.2. SmarterBiz owns (or licenses from third parties) all intellectual property rights including, without limitation, patents, rights to inventions, copyright and related rights, trade marks, 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 ("SmarterBiz IP"). Contact Centre shall not acquire any right in respect of the SmarterBiz IP other than as expressly stated in these Terms of Use.

4.3. Contact Centre 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. Contact Centre 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 Contact Centre.

4.4. The trademarks, trade names, designs, logos and service marks displayed on the Site or the Platform ("Marks") are the property of SmarterBiz. Contact Centre are not permitted to use the Marks without the prior written consent of SmarterBiz. Contact Centre shall not refer to or attribute any information to SmarterBiz in any public medium or otherwise imply any endorsement by, or relationship with, SmarterBiz.

4.5. Except as expressly permitted in these Terms of Use, Contact Centre shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content appearing on the Site without SmarterBiz 's prior written consent.

4.6. It is herein clarified that SmarterBiz 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 SmarterBiz . SmarterBiz 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 SmarterBiz to share such data in any specified format or medium with the Contact Centre.

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. Contact Centres 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 or the Project and consequently for any losses that may be suffered by any Contact Centre 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 Contact Centre Account at any time.

4.10. Any information ( “Third Party Information”) accessed by the Contact Centre 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 Contact Centre 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 or the CX Client 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.

Please click here for third-party disclaimers

  • Any and all third party Disclaimers linked here in this section or reproduced here upon clicking the link above shall amount to disclaimer by SmarterBiz on use and access to such Third Party websites . Agreeing to the Terms of Use shall be construed to mean that the Contact Centre is now aware of all such disclaimers and any further use of such third party websites shall be solely at their own risk and liability and shall not in any way result in any liability or responsibility for SmarterBiz, its Group Companies and entities, its officers, directors , personnel and representatives.
  • In the event Contact Centre decides to apply for any Projects of the CX Clients or assigns the Project to CX Agent available on the Site it shall be bound by the service terms of the Project to be entered into separately via a separate Clickwrap agreement. Moreover such service terms and access to Projects shall come into effect upon acceptance of the application by the CX Clients. While such Contact Centre will be governed by the service terms of the Project, these Terms of Use along with the privacy Policy herein shall continue to be applicable to such Contact Centre. Any conflict among these different sets of terms shall be resolved in the most harmonious reading of the different sets of terms. However, in the event of contradiction, the terms of the service terms shall prevail for the purposes of disputes with or regulation of use and access of this Site and the Project(s) by such Contact Centre.
  • These Terms & Conditions are in addition to the 'Disclaimer' on the SmarterBiz website/s and supersede any other communications, advertisements, or understandings with respect to the website.

5. CONTACT CENTRE's OBLIGATIONS

5.1. Contact Centre agree to use the Website and access or make the Projects available on the Platform only for purposes that are permitted by, and in accordance with: (a) these Terms of Use; (b) the Privacy Policy; (c) the Additional Terms; and (d) any applicable law.

5.2. Contact Centre shall not:

  • Upload to the Website any content or files that: (a) contain viruses, corrupted files, or any other similar software or programs or material; (b) may damage the operation of the Website or another’s computer; (c) belong to another person and to which Contact Centre do not have any right to; (d) is harassing, defamatory, libellous, obscene, pornographic, invasive of another’s privacy; (e) infringes any patent, trademark, copyright or other proprietary rights; (f) are deceiving or misleading; or (g) are otherwise unlawful in any respect
  • Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website)
  • Attempt to gain unauthorized access to any portion or feature of the Website and /or the Projects, any other systems or networks connected to the Website, to any SmaterBiz server
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites
  • Collect or store data about other users of the Website and Projects made available thereon
  • Violate any applicable laws or regulations for the time being in force
  • Violate these Terms of Use, the Privacy Policy or any service terms
  • Reverse engineer, modify, decompile, disassemble, or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information contained on the Website provided by SmarterBiz (including, without limitation, any Projects of the CX Cleints) save as expressly permitted in these Terms of Use and
  • Impersonate any person or entity, or falsely state or otherwise misrepresent Contact Centre affiliation with a person or entity.

6. PRIVACY POLICY

6.1. The Site is strongly committed to Contact Centre right to privacy and to keeping Contact Centre personal and financial information secure. To earn Contact Centre trust and confidence in our commitment, we are fully disclosing our privacy practices which is incorporated by reference into these Terms of Use. We encourage Contact Centre 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 SmarterBiz 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 [●] (“Website”), which is owned and operated by SmarterBiz. This policy is equally applicable on the visitors to the Website. The Policy outlines the various measures undertaken by SmarterBiz to provide Contact Centre with a convenient and safe online/ experience, while maintaining and safeguarding the confidentiality, integrity, and security of Contact Centre PII, during storage and transmission through the World Wide Web. This Policy explains how SmarterBiz protects PII provided by Contact Centre through the Website and how SmarterBiz 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’ button at the end of Terms of Use , Contact Centre would be expressing and recording Contact Centre 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 Contact Centre as fair and diligent measures to protect the integrity and confidentiality of Contact Centre Personal Identifiable Information.

6.4. Please read this Policy carefully, it is subject to change at any time and is advised that Contact Centre 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. Contact Centre shall receive a notification whenever there is a change in our Policy on Contact Centre 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 Contact Centre, he may terminate his registration with SmarterBiz. Termination of registration or stopping of further use shall not result in any automatic deletion of Contact Centre PII already stored with SmarterBiz and SmarterBiz takes no responsibility or makes no representation which would imply otherwise. It is therefore, Contact Centre responsibility to read and assess such changes in the Policy once such notifications have been sent to Contact Centre registered email ID. Such notifications shall be sent by SmarterBiz only to registered email Ids of such Contact Centre who are active and trial users shall not receive such notifications after the expiry of their trial period unless they have become a regular user by then.

7. NATURE OF PII COLLECTED BY SMARTERBIZ

7.1. The registration on the SmarterBiz website ( “Site”) will require Contact Centre to enter certain PII, including but not limited to it's business name, email address, phone number, sensitive personal information, feedback or other details to help Contact Centre with better experience.

7.2. Further SmarterBiz will collect IP addresses for site security and to better understand of how Contact Centre behaviour, difficulty of use, Contact Centre experience on the site or the Projects and shall internally analyse such data in an anonymous form to improve SmarterBiz’s services and effectively Contact Centre over all user experience on the Site and the Projects.

7.3. During the course of Contact Centre use of the Site to post Projects or completion of the Projects, it is possible that the Site and SmarterBiz will receive access to some of Contact Centre financial information as may be provided by Contact Centre for the purpose accessing the services of the Platform or while executing the Projects or for accessing any Third Party services through API integration through the Site. These information may include information which may also be in the nature of being KYC information or personal financial information. Wherever such financial information is of the nature that even if disclosed in isolation it will result in 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 Contact Centre computer's hard drive through Contact Centre Web browser (if Contact Centres allow) that enables the site's or service provider's systems to recognize Contact Centre browser and capture and remember certain information. Please remember although we may assign Contact Centre browser a cookie, the cookie does not tell us who users are. Only Contact Centre can tell us that. Mechanisms related to use of Cookies shall be explained in the Cookie Policy section of the Privacy Policy.

7.5. Any PII that Contact Centre 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 SmarterBiz will continue to employ to protect Contact Centre PII which may be stored with it. Wherever a third party Integrated API is accessed or used through the Site, SmarterBiz reserves the right to aid Contact Centre in the process by transferring Contact Centre 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 SmarterBiz shall not be responsible for protection of such data in third party custody even though such data in SmarterBiz custody shall continue to be protected as per the Privacy Policy. This is a clear exception to the general data protection provided by SmarterBiz 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 SmaterBiz thus allowing SmaterBiz to share such relevant information including PII with such third party.

8. MECHANISM OF DATA COLLECTION

We collect information from Contact Centre when Contact Centre register on our Site, fill out a feedback form or post Projects on the Platform make a service enquiry on our Site. From time to time, the Site may also request other PII to provide Contact Centre with other benefits of the services of the Site. On all such occasions, Contact Centre will have the opportunity to provide or to decline to provide such further PII. However, declining to provide such PII sought may result in Contact Centre not being able to use such specific service that required such additional PII.

9. USE OF DATA ( INCLUDING PII) COLLECTED

9.1. We may use the information collected from Contact Centre in following ways:

9.2. To personalize Contact Centre experience and provide content and service offerings that are best suited to Contact Centre interests

9.3. To improve our website in order to serve Contact Centre better

9.4. To allow us to better respond to Contact Centre specific service requests

9.5. To improve our service offering(s)

9.6. To improve with better placement of advertisements

10. BRIEF DESCRIPTION ON PROTECTION OF CONTACT CENTRE/ VISITOR PII BY SMARTERBIZ

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 Contact Centre PII

10.2. SmarterBiz shall, at all times, store Contact Centre 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 Contact Centre PII in any server outside the territory of the Republic of India.

10.3. Contact Centre unique user ID allocated to Contact Centre at the time of registration shall be accorded a confidential code internally in its stored form such that Contact Centre PII cannot be linked to Contact Centre USER ID without access to the specific code

10.4. Further all Contact Centre PII shall be stored in an encrypted and anonymized form. Contact Centre PII is stored in secured networks and only limited number of persons can access Contact Centre 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 Contact Centre PII.

10.5. All sensitive/credit information Contact Centre 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 Contact Centre or seek Contact Centre 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. WE DO NOT SELL, TRADE, TRANSFER, OR OTHERWISE DISCLOSE PII TO ANY THIRD PARTIES.

11.1. However, any third party API linked to our Site shall be accessed by the Contact Centre 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 Contact Centre shall not be the responsibility of the Site and/or SmarterBiz and shall solely lie with such third party vendor and/or the Contact Centre.

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 Contact Centre, or others.

12. PURGING OF PERSONAL DATA

12.1. Contact Centre personal data shall be stored with SmarterBiz for a pre-determined period after Contact Centre 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. COOKIE POLICY

13.1. Our Site may use cookies. By using our website and agreeing to these terms of use, CX 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 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.

13.8. SmarterBiz is neither responsible nor liable for any actions or policies of any third parties, and CX Agent are expressly advised to check the applicable privacy policy of such third party before providing PII to such third parties.

14. LINKS TO THIRD PARTY SITES

14.1. This Site may contain links to other websites of interest, operated by parties other than SmarterBiz. Such links are provided for CX Agent convenience only. However, once CX Agent have used these links to leave our site, CX Agent should note that we do not have any control over such third-party websites. Therefore, SmaterBiz is not responsible for their contents or their practices of information protection and privacy which Users may provide while accessing such sites. CX Agent are advised to exercise caution and look into the privacy norms and Terms of Use applicable to the website(s) in question. SmaterBiz’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 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.

14.3. Further since SmarterBiz nor its group entities, holding or subsidiary entities, directors , officers, personnel are not aware of the privacy practices of such third party websites, SmarterBiz and all its affiliates and Group entities shall not be responsible for protection of integrity and confidentiality of any information including PII shared by the CX 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, CX Agent are expressly waiving any right of CX Agent to claim any damages or otherwise any other legal or equitable remedy against SmarterBiz, 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 CX Agent use of such third party links, website or APIs.

15. NO UNLAWFUL OR PROHIBITED USE

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.

16. ACCESS RESTRICTION

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.

17. MODIFICATION OF THESE TERMS AND CONDITIONS

17.1. SmarterBiz 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) , SmarterBiz shall notify CX Agent in CX Agent registered email ID. Issuance of such notice shall mean valid and complete disclosure and intimation to CX Agent and any CX Agent agreeing to these terms would be deemed to have agreed to the same inclusive of any and all such future amendments. CX Agent continuing use of the Website and the services available therein subsequent to such notification shall be further considered a complete, well informed and unambiguous acceptance and consent to such changes and amendments. In the event CX Agent do not agree to such changes, CX Agent may terminate the services available on the Platform and the website or stop 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 the such section as subscription plans and only a separate clickwrap acceptance of the same shall be necessary.

18. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

18.1. Nothing in these Terms of Use excludes or limits SmarterBiz's liability for death or personal injury arising from its negligence, or 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 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:

  • Any loss that CX Agent may incur as a consequence of unauthorized use of CX Agent Account or Account information
  • Any interruption or non-availability of the Website during periodic maintenance or for any other reason
  • Any inaccuracy, error, omission, interruption, completeness, deletion, defect, failure of performance, computer-virus, communication line failure, alteration of, or any use of content herein, regardless of cause, for any damages resulting there from or
  • Any loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage howsoever arising.

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.

18.6. The Platform may be made available or accessible within the scope of a third-party service and content outside the control of SmarterBiz. The CX Agent acknowledges that the use of a third-party services and content may be subject to their terms of use and privacy policies. SmarterBiz 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 CX Agent and SmarterBiz. Access to the Platform by the CX Agent, through a 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 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.

19. PUBLICITY/SUGGESTIONS.

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.

20. CONFIDENTIALITY

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.

21. INDEMNIFICATION

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

22. INJUNCTIVE RELIEF

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.

23. NON-DISCLOSURE AGREEMENT

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.

24. GOVERNING LAW AND DISPUTE RESOLUTION

These terms and conditions are governed by the laws of the Government of India. CX Agent hereby consent 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. CX Agent agree that no joint venture, partnership, employment, or agency relationship exists between them and SmarterBiz as a result of this agreement or use of the services available on the Site . SmarterBiz's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SmarterBiz's right to comply with governmental, court and law enforcement requests or requirements relating to CX Agent use of this Site and access to any Projects of the CX Clients or any content or information provided to or gathered by SmaterBiz with respect to such use. If any part of this terms of use is determined to be invalid or unenforceable pursuant 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. This terms of use constitutes the entire agreement between the CX Agent and SmaterBiz with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the CX Agent and SmaterBiz with respect to this Web site. A printed version of this agreement and of 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 SmarterBiz Technologies Private Limited.