Terms of Use

last updated 28 June 2017

Vizmo.in is a property of and operated by Smartice LLP, a partnership firm having its offices at G5, Cears Plaza, No. 136, Residency Road, Bangalore – 560 025, Karnataka, India (“Vizmo”).

Vizmo is a Software-as-a-service and Internet-of-Things based, tech-enabled visitor management solution which Users can install and use to sign-in visitors to their various premises (“Visitor(s)”), notify the User’s employees (i.e. hosts of meetings with Visitors, hereinafter “Hosts”) of the arrival of such Visitors and automatically print visitor badges and log the relevant data of Visitors (“Purpose”). The solution is composed of the Vizmo web and mobile based application installed on the devices for Visitors to sign-in (“App”) and the cloud-enabled dashboard (“Dashboard”) to centrally manage the kiosk(s) at which such application is installed (collectively, “Platform”).

By using the Platform, you signify that you have read, understood and agreed to be bound by these terms of use (“Terms of Use”) and any applicable law, whether or not you are a registered User of the Platform. If you do not agree with these Terms of Use, please do not access and/or use the Platform.

For the purposes of these Terms of Use, “we”, “our” and “us” shall mean Vizmo and “you” and “your” shall mean you as a User.

1. ELIGIBILITY

1.1. You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these Terms of Use.

1.2. You shall be eligible to upload or modify information pertaining only to yourself and your employees, subject to you obtaining the affirmative consent of each employee prior to uploading his or her data (“Host Data”) on to the Platform.

1.3. You are not permitted to access and use this Platform if you do not meet the above eligibility criteria.

1.4. A user shall be any entity who meets the above eligibility criteria (“User”).

2. INTELLECTUAL PROPERTY POLICY

2.1. Vizmo and its licensors are the owners of the underlying source code associated with the Platform and Vizmo’s website ([insert URL], hereinafter “Website”) and all the trademarks, copyright and any other intellectual property rights of any nature associated therewith.

2.2. The data, images, graphics, text, reports generated, trademarks, tradenames, etc. on the Platform and Website ("Vizmo Content"), constitute our and/or our licensors’ intellectual property. The Platform and Website, including Vizmo Content, is protected by the copyright laws in all applicable jurisdictions.

2.3. You may access the Platform, avail of the features and facilities and utilize Vizmo Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Platform or Vizmo Content and their respective features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Vizmo Content, you may contact us in the manner provided for herein.

3. USER ACCOUNT, PASSWORD & SECURITY

3.1. The Platform’s registration process can be completed using your valid email ID and/or such other methods as prescribed in the login window of the Website, from time to time and paying the fees due therefor. You will receive a password and account designation (“Account”) upon completing the aforesaid registration process. You shall be: (i) responsible for maintaining the confidentiality of your Account and the password; and (ii) fully responsible for all activities that occur under your Account. You agree to: (a) immediately notify us of any unauthorized use of your Account or any other breach of security; and (b) ensure that you logout from your Account at the end of each session. Vizmo cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 3.1.

3.2. Your Account will need to be renewed periodically, as may be stipulated by Vizmo from time to time, by paying the fees applicable therefor.

3.3. Any and all personal records submitted at the time of creating your Account (“User Records”) shall, at all times, belong to you. The same shall be collected and maintained by Vizmo as per the terms laid down in our privacy policy available at (“Privacy Policy”).

4. USE OF WEBSITE: FEATURES & FACILITIES

4.1. You shall, pursuant to creating your Account, be authorised to use the Platform in conjunction with the hardware (as set out in Clause 7 below) for the Purpose. The Platform may be used by you to, inter alia, sign-in Visitors, record their relevant data (“Visitor Data”) for future visits, notify the Hosts and print out Visitor badges. All Visitor Data shall be collected by you subject to such Visitor’s providing affirmative consent thereto.

4.2. Upon creating your Account, you shall be able to access the Dashboard to examine the Visitor Data, upload details pertaining to the various Hosts (subject to procuring each such Host’s affirmative consent) (“Host Data”) and more.

4.3. You may avail of certain premium services, as and when listed on the Website, against payment of the amounts specified therein. Vizmo reserves the right to vary the type and scope of such premium services and/or discontinue the same from time to time at its sole discretion and without prior notice thereof.

5. USER GUIDELINES

5.1. In consideration of Vizmo granting you access to the Platform, you hereby agree not to upload Host Data or collect Visitor Data in a manner that would be in violation of any applicable laws and/or in violation of these Terms of Use and our Privacy Policy. You shall not use the Platform in any manner that could damage, disable, overburden, or impair any Vizmo server, any network(s) connected to any Vizmo server, or interfere with any other User’s use and enjoyment thereof. You shall not attempt to gain unauthorized access to any functions and features, other User’s accounts, computer systems or networks connected to any Vizmo server, in any manner, including, through hacking, password mining or any other unlawful means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Platform.

5.2. You agree not to upload, post, transmit or otherwise make available any Host Data or Visitor Data which:

  • 5.2.1. You do not have any rights to;
  • 5.2.2. may violate or infringe any right of a Host/Visitor;
  • 5.2.3. may violate any applicable law;
  • 5.2.4. disrupts, interferes with, or otherwise harms or violates the security of the Platform; and/or
  • 5.2.5. otherwise violates these Terms of Use.

5.3 The Platform and Website is made available to you for the purposes stated herein. You shall, directly or indirectly through third parties, not: (i) make and/or distribute copies of the Platform or Website’s underlying source code; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Platform or Website’s underlying source code, in whole or part; and/or (iii) create derivative works of the Website or any component of the Platform.

5.4. You are responsible for any and all activities that occur in, through or from your Account. Further, any and all operations emanating from your Account and on the device through which you access the Dashboard or the Tablet (as defined below), shall be assumed to have been initiated by you. You agree to notify Vizmo immediately in the event of an unauthorized use of the Account, device, Tablet or any other form of security breach that could give rise to a violation of these Terms of Use. Vizmo shall not be liable for any loss to you or the entity you represent owing to negligent actions or a failure on your part to inform Vizmo, within a reasonable time, about any unauthorized access in your Account, and/or loss or theft of your Tablet, either with or without your knowledge.

5.5. You shall request Vizmo to disable the Account and change the password immediately for the Account, if your Account has been compromised or your Tablet has been lost or stolen.

5.6. You shall be fully liable and hold Vizmo or any other party harmless for losses incurred due to a third party’s use of your Account.

6. COMMUNICATIONS

6.1. Accepting these Terms of Use implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while creating your Account. You further agree to us contacting you in any manner, including without limitation, SMS, calls using prerecorded messages or artificial voice, calls and messages delivered using auto-telephone dialing system or an automated texting system, and notifications sent via the App, Dashboard or Website. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS

6.2. You certify, warrant and represent that the User Records that you have provided to us are your details and not someone else's. You represent that you are permitted to receive calls or SMS at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to alert us whenever you stop using particular telephone number(s) and/or email address(es).

6.3. To correct or update any User Record you have provided, you may do so online. In the event of loss of login credentials, you can do forgot password in login page

7. HARDWARE

7.1. The Dashboard may be accessed by you from any computer, mobile or tablet with internet connectivity. In order to use the App, you are required to have an iOS-compatible tablet with internet connectivity (“Tablet”). To this end, you shall be solely responsible for procuring appropriate and secure internet connectivity to enable access to and use of the Platform. Vizmo may, at its sole discretion, provide you with a Tablet when you subscribe to the Platform, provided that such Tablet will be provided at your cost.

7.2. In addition thereto, Vizmo may, at its sole discretion, provide you with additional hardware ancillary to the use of the Platform, including: (i) a badge printer; and (ii) a stand for the Tablet, provided that such additional hardware will be provided at your cost.

7.3. For the avoidance of doubt, in the event that Vizmo provides you any hardware upon your subscription to the Platform, you hereby agree and acknowledge that you will avail of such hardware at your sole risk and cost. Vizmo’s provision of any hardware shall not be construed to imply Vizmo’s endorsement of such hardware or responsibility for the functioning thereof. You shall be solely responsible to ensure the hardware is suitably maintained and Vizmo shall not be responsible for any misuse, damage, latent defects or functionality of the hardware. Vizmo expressly disclaims any and all warranties pertaining to the hardware and will provide you with available documentation and reasonable assistance, at your cost, in the event you choose to exercise any warranties against the manufacturers or dealers of the relevant hardware.

8. INDEMNIFICATION & LIMITATION OF LIABILITY

8.1. You agree to defend, indemnify and hold harmless Vizmo, its directors, personnel and other Users (if applicable) from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your access and use of the Platform in violation of these Terms of Use or applicable laws, including your failure to obtain the express affirmative consents of the Visitors/Hosts (as may be applicable) as stipulated hereinabove.

8.2. IN NO EVENT SHALL VIZMO BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER ARISING, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VIZMO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ACCOUNT OF, INCLUDING WITHOUT LIMITATION: (I) DAMAGE OR LOSS OF DATA OR PROFITS; (II) ACCESS, USE OR PERFORMANCE OF THE PLATFORM’S FUNCTIONS AND FEATURES; AND/OR (III) INTERRUPTIONS, DELAY, ETC. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.

9. DISCLAIMERS

9.1. The Platform, Website and the functions and features therein are provided on an "as is" and on an "as available" basis. Vizmo expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

9.2. Vizmo shall make reasonable efforts to make the Platform, Website and the functions and features available at all times. However, Vizmo makes no warranty that the Platform or Website shall meet your requirements, be uninterrupted, timely, secure, and/or error free; nor does Vizmo make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the Vizmo Content.

9.3. Vizmo shall not be liable for the loss and/or damage of the User Records and/or Host Data or Visitor Data as a result of an event or a series of related events, that is beyond the control of Vizmo, including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.

10. MAXIMUM EFFECT

10.1. The laws of certain jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Terms of Use. Under such circumstances, Vizmo and its affiliates’ (and their respective employees, shareholders, directors, agents and representatives) liability shall be limited to the greatest extent permitted by law.

11. TERMINATION

11.1. You may delete your Account, with or without cause, by following the prescribed process set out in the Website or Platform or by choosing not to renew it when it comes up for renewal.

11.2. Vizmo reserves the right, at any time and without the need to give any reasons or prior notice, to refuse to register your Account or suspend, remove or disable your Account.

11.3. Vizmo may also, with or without cause, in its sole discretion and without giving you any prior notice limit, suspend or terminate your access to all or any part of the Platform.

12. UPDATES

12.1. Vizmo reserves the right to update the Platform, in order to, inter alia, increase efficiency, optimize user interface, and add new features and/or facilities, from time to time.

13. RIGHT TO MODIFY TERMS OF USE

13.1. Vizmo reserves the right to update or modify these Terms of Use at any time without prior notice. Your access and use of this Platform following any such change constitutes your deemed acceptance to be bound by these Terms of Use, as updated or modified from time to time. For this reason, you are advised to review these Terms of Use each time you access and use the Platform.

14. SEVERABILITY

14.1. If any part of the Terms of Use is held invalid or unenforceable by a court of competent jurisdiction, that part shall be severed to the limited extent required to make it valid and enforceable and the remaining sections shall remain in full force and effect. In such an event, you shall be obligated to give effect to the intent thereof to the fullest extent permitted by law.

15. FORCE MAJEURE

15.1 Neither of us shall be liable for failure to perform any obligations hereunder (other than any payment obligation) which is caused by supervening conditions beyond our reasonable control, including without limitation acts of God, civil commotion, strikes, labour disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.

16. DISPUTE RESOLUTION, GOVERNING LAW & JURISDICTION

16.1. In the event of any claim or dispute arising out of or in connection with these Terms of Use, including any question regarding its validity or termination, it is agreed that prior to initiating any legal action reasonable endeavour shall be made to resolve any dispute by good faith negotiations. If, for any reason, the claim or dispute cannot be resolved within 14 (fourteen) calendar days of initiating such negotiations, the claim or dispute shall be referred to arbitration. The arbitration proceedings will be conducted by a single arbitrator, mutually appointed by you and Vizmo, in accordance with provisions of the Arbitration and Conciliation Act, 1996 and the rules framed thereunder. The arbitration will be held in Bangalore, India. The language for arbitration shall be English. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

16.2. These Terms of Use shall be governed by the laws of India.

16.3. Subject to Clause 16.1 above, the courts in Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.