Last updated: June 26, 2020
Provision of the Services being offered by Smartsense Technologies Pvt Ltd
Smartsense Technologies Pvt Ltd is constantly evolving in order to provide the best possible experience and information to its Users. You acknowledge and agree that the form and nature of the Services which Smartsense Technologies Pvt Ltd provides may change from time to time without any prior notice to you.
As part of this continuing process, you acknowledge and agree that Smartsense Technologies Pvt Ltd may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at Smartsense Technologies Pvt Ltd's sole discretion, without any prior notice. You may stop using the Services at any point of time. You need to specifically inform Smartsense Technologies Pvt Ltd when you stop using the Services.You acknowledge and agree that if Smartsense Technologies Pvt Ltd disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account, and Smartsense Technologies Pvt Ltd shall intimate you regarding the same.
Smartsense Technologies Pvt Ltd reserves the right to delete your User information stored in your account including but not limited to all or any personal information or any sensitive personal data or information ("SPDI") stored in your User account. Alternately, a User may notify us if they do not wish that we retain or use the personal information or SPDI by contacting the Grievance Officer (as provided below). However, in such a case, we may not be able to provide you some or all of our Services.
You acknowledge and agree that while Smartsense Technologies Pvt Ltd may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, such fixed upper limits may be set by Smartsense Technologies Pvt Ltd at any time, solely at Smartsense Technologies Pvt Ltd's discretion.
By using our Services you agree that Smartsense Technologies Pvt Ltd disclaims any liability or authenticity of any information that may have become outdated since the last time that particular piece of information was updated. Smartsense Technologies Pvt Ltd reserves the right to make changes and corrections to any part of the content of this Website at any time without any prior notice to you. Unless stated otherwise, all pictures and information contained on this Website are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock. Please contact the Grievance Officer by an e- mail if you are the copyright owner of any content on this Website and you think the use of the above material violates the terms of the applicable Copyright law in any manner. In your request, please indicate the exact URL of the webpage to enable us to locate the same. We will endeavour to address your concerns and take necessary steps, if required. Please note that all images displayed on the Website have been digitised by Smartsense Technologies Pvt Ltd. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Smartsense Technologies Pvt Ltd.
Use of the Services by User
Notwithstanding anything else contained in any other agreement involving you and Smartsense Technologies Pvt Ltd and/ or any other third party, in order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us.
Any amendment or rectification of your Registration Data in the User account can be carried out by accessing the "User account" section on the Website. You may choose to delete any or all of your User content/ information or even the User account at any time. Processing such deletion may take some time, but the same shall be done by Smartsense Technologies Pvt Ltd. We may maintain backup of all User content for such time as may be required under applicable laws and for operational purposes of Smartsense Technologies Pvt Ltd. You are solely responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure on your part to protect your login ID or password or any other credential pertaining to your account. You should take all necessary steps to ensure that the password is kept confidential and secure. In the event of any dispute between two or more parties as to ownership of any particular account with Smartsense Technologies Pvt Ltd, you agree that Smartsense Technologies Pvt Ltd shall be the sole arbitrator for such dispute and that Smartsense Technologies Pvt Ltd's decision in this regard will be final and binding on you.You understand and undertake that you shall be solely responsible for your Registration Data and User content and undertake to, neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
- Belongs to another person and to which you do not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another\'s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- Harms minors in any way; Infringes any patent, trademark, copyright or other proprietary rights of any person or entity anywhere in the world;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonates another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
- Is illegal in any other way.
You agree and understand that Smartsense Technologies Pvt Ltd reserves the right to remove and/or edit such detail/ information. If you come across any information as mentioned above on the Website, you are requested to immediately contact our Grievance officer.
You agree to use the data owned by Smartsense Technologies Pvt Ltd (as available on the Website or through any other means like API(s) etc.) only for personal purposes and not for any commercial use unless agreed to by Smartsense Technologies Pvt Ltd in writing.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Smartsense Technologies Pvt Ltd, unless you have been specifically allowed to do so in a separate agreement with Smartsense Technologies Pvt Ltd. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) on this Website. Unless you have been specifically permitted to do so in a separate agreement with Smartsense Technologies Pvt Ltd, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
Smartsense Technologies Pvt Ltd may share any Content (defined hereinafter) generated by the User or their Registration Data with governmental and regulatory agencies who are lawfully authorised for investigative, protective and cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution pertaining to cyber security incidents and punishment of offences under any law for the time being in force.
If you have opted for use of Smartsense Technologies Pvt Ltd's 'subscriptions' product by virtue of which you have set up a standing instruction ("RECURRING PAYMENT INSTRUCTION") to charge your chosen payment method (such as credit card, debit card or bank account) as per the billing cycle communicated by you to Smartsense Technologies Pvt Ltd, then you consent that the relevant amount will be charged to such payment method as per the billing cyclecommunicated to Smartsense Technologies Pvt Ltd. You agree that Smartsense Technologies Pvt Ltd shall continue to charge the relevant amount to the relevant customer's chosen payment method as per such billing cycle until you or the customer terminates the Recurring Payment Instruction.
You further agree that if you revoke your consent to the Recurring Payment Instruction then you shall inform us of the revocation in writing for us to cease processing the Recurring Payment Instruction forthwith upon the revocation but no later than 7 (seven) days prior to the next instance of charge. If such intimation of revocation of Recurring Payment Instruction is made less than 7 (seven) days prior to the next instance of charge or is not made at all, Smartsense Technologies Pvt Ltd shall not be liable for any charge applied for that month pursuant to the revocation or not be liable at all, as applicable.
Content in the Services
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Smartsense Technologies Pvt Ltd (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Smartsense Technologies Pvt Ltd or by the owners of that Content, in writing and in a separate agreement.
Smartsense Technologies Pvt Ltd reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. Smartsense Technologies Pvt Ltd reserves the right to moderate, publish, re-publish, and use all User generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. Smartsense Technologies Pvt Ltd is not liable to pay royalty to any User for re-publishing any content across any of its platforms.
If you submit any material on the Website, you agree thereby to grant Smartsense Technologies Pvt Ltd the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned or affiliated.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, your use of the Services will be at your own risk.
You agree that you are solely responsible for (and that Smartsense Technologies Pvt Ltd has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Smartsense Technologies Pvt Ltd may suffer) by doing so.
You acknowledge and agree that Smartsense Technologies Pvt Ltd (or Smartsense Technologies Pvt Ltd's licensors) owns all legal and proprietary right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Smartsense Technologies Pvt Ltd and that you shall not disclose such information without Smartsense Technologies Pvt Ltd's prior written consent.
Unless you have been expressly authorized to do so in writing by Smartsense Technologies Pvt Ltd, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
Exclusion of Warranties
You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis. In particular, Smartsense Technologies Pvt Ltd, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
- The information or Contents provided on the Website are accurate, complete and updated;
- Your use of the Services will meet your requirements;
- Your use of the Services will be uninterrupted, timely, secure or free from error;
- Any information obtained by you as a result of your use of the Services will be accurate or reliable; and
- That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
Smartsense Technologies Pvt Ltd further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Representations and Warranties of User
The User hereby represents and warrants:
- That User, in case of a natural person, is at least 18 years old with a conscious mind fit and proper to enter into this agreement (the "Policies"), is with valid credentials and is an entity who is legally eligible to carry out or operate a business;
- That User/ seller shall be solely responsible for understanding and complying with any and all applicable laws relevant to the User and their business, and any liability, whether pecuniary or otherwise, arising from any non-compliance of such applicable laws shall be at the sole cost and risk of such User;
- That all data, information, inventions, intellectual properties (including patents, trademarks, copyrights, design and trade secrets), know-how, new uses and processes, and any other intellectual property right, asset or form, including, but not limited to, analytical methods, procedures and techniques, research, procedure manuals, financial information, computer technical expertise, software for the purpose of availing of services of Smartsense Technologies Pvt Ltd and any updates or amendments thereto is and shall be the sole intellectual property of Smartsense Technologies Pvt Ltd and should in no way be construed to grant any rights and/ or title to the User in such intellectual property of Smartsense Technologies Pvt Ltd;
The User shall indemnify and hold Smartsense Technologies Pvt Ltd, its subsidiaries, affiliates, promoters, directors, employees, contractors, licensors and agents and any other related or third parties involved with Smartsense Technologies Pvt Ltd in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:
- Fraud, negligence and willful misconduct by the User in the use of the Services;
- Violation of applicable laws in the use of the Services and/ or in the conduct of the business of the User, including but not limited to the legal provisions
Limitation of Liability
Subject to the overall provisions stated above, you expressly understand and agree that Smartsense Technologies Pvt Ltd, its subsidiaries, affiliates, promoters, directors, employees, agents and licensors shall not be liable to you for:
- Any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;
- The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
- Your failure to keep your password or account details secure and confidential.
The limitations on Smartsense Technologies Pvt Ltd's liability to you shall apply whether or not Smartsense Technologies Pvt Ltd has/ had been advised of or should have been aware of the possibility of any losses to you.
Smartsense Technologies Pvt Ltd shall not be in breach of its obligation hereunder if it is delayed in the performance of, or is unable to perform (whether partially or fully) its obligations (provide the Services) as a result of the occurrence of a Force Majeure Event (defined below).
Any payment obligations of Smartsense Technologies Pvt Ltd, in case of a Force Majeure event, shall be limited by and be subject to the fulfillment of the payment obligations of the partners banks/ financial institutions, counterparties and any other parties involved in or intrinsically linked to the provision of the Services of Smartsense Technologies Pvt Ltd.
The User may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to Smartsense Technologies Pvt Ltd and its affiliates, marketing prospects, contractors, officers, directors or shareholders, personal data of customers of the User, financial and operational information, billing records, business model and reports, computer systems and modules, secure websites, reporting systems, marketing strategies, operational plans, proprietary systems and procedures, tradesecrets and other similar proprietary information, including technical "know-how", methods of operation, business methodologies, software, software and technology architecture, networks, any other information not generally available to the public, and any items in any form in writing or oral, clearly identified as confidential ("CONFIDENTIAL INFORMATION").
In consideration of the Services rendered by us, you shall pay Smartsense Technologies Pvt Ltd a subscription fee or product fee ("FEE"). Smartsense Technologies Pvt Ltd reserves the right to revise the Fee periodically and will intimate you of any such change within reasonable time.
Smartsense Technologies Pvt Ltd shall be entitled to charge on the Fee, taxes applicable from time to time ("APPLICABLE TAXES"). It is agreed that any statutory variations in Applicable Taxes during the subsistence of this Agreement shall be borne by the User. Periodic invoices shall be raised by us in respect of the Fees charged. In case the payment for the invoice is not received within seven (7) calendar days, Smartsense Technologies Pvt Ltd reserves the right to discontinue Services without prior notice. The Services may be reactivated after a penalty charge.
Any reasonable dispute in respect of an amount (or a portion thereof) mentioned in an invoice must be communicated by the User via notice ("INVOICE DISPUTE NOTICE") within a reasonable period of time but no later than seven (7) calendar days from the date of the invoice. Smartsense Technologies Pvt Ltd shall use good faith efforts to reconcile any reasonably disputed amounts within reasonable time from the receipt of the Invoice Dispute Notice.
Further, Smartsense Technologies Pvt Ltd also reserves the right to close, suspend, limit or put on hold the User's access to the account with Smartsense Technologies Pvt Ltd inter alia the following scenarios:
- For violation of any of the provisions of any other agreement that the User has entered into or might enter into with Smartsense Technologies Pvt Ltd; and
- For violation of any of the applicable laws by such User.
Technical Issues & Delivery Policy
In case of any technical issues, please raise a support ticket from your service dashboard or:
- Email us at firstname.lastname@example.org (Monitored 10:00a.m. to 6:00p.m.; Monday – Friday). Emails received outside of office hours will be collected, however no action can be guaranteed until the next working day
- Call Us on +91 9599936991 in case of urgent matters. Telephone support: 10:00 a.m. to 6:00p.m., Monday – Friday. Calls received out of office hours will be forwarded to a mobile phone and best efforts will be made to answer / action the call.
Smartsense Technologies Pvt Ltd will respond to service-related incidents and/or requests submitted by the User within the following time frames:
- 0-3 hours (during business hours) for issues classified as Major issues.
- Within 3 working days for issues classified as Medium issues.
- Within 7 working days for issues classified as Minor issues.
Remote assistance will be provided in-line with the above timelines depending on the priority of the support request.
- Major issues - Any issues with admin panel (such as website down or crashes whenever you attempt to perform an action on www.unolo.com)
- Medium issue- Any issues with the Unolo app (such as app crash for individual user, location data not flowing properly to admin panel)
- Minor issue- any other issues
Termination of Services
- Termination for Material Breach. Each Party may terminate this Agreement with immediate effect by delivering notice of the termination to the other Party, if the other Party (i) fails to perform the obligation under this Agreement; (ii) has made or makes any inaccuracy in performance of this Agreement; or (iii) otherwise materially breaches, any of its obligations, covenants, or representations made in this Agreement, and the failure, inaccuracy, or breach continues for a period of 15 (fifteen) Business Days' after the injured Party delivers notice to the breaching Party reasonably detailing the breach.
- Termination for Failure to Pay. Smartsense Technologies Pvt Ltd may terminate this Agreement with immediate effect by delivering notice of the termination to User, if User fails to pay the monthly Subscription Fee on time for more than 2 (two) consecutive months.
- Termination by will. Either Party may terminate this Agreement by giving 1(one) month notice of such termination to the other Party of its intention to terminate.
Effect of Termination
- Refund Amounts. Smartsense Technologies Pvt Ltd shall refund to User in next 30 (thirty) days, any prepaid Subscription Fees covering the remainder of the term of all subscriptions after the effective date of termination (only if terminated because of Severity 1 as given in definitions). No amount shall be refunded in case of any other breach.
- Pay Outstanding Amounts. User shall immediately pay to Smartsense Technologies Pvt Ltd all amounts outstanding as of the date and any amounts outstanding as a result of, termination. If the termination is due to breach by Smartsense Technologies Pvt Ltd then the client is not liable to pay the outstanding dues.
- Discontinuance of Use. User shall cease all use of the Service upon the effective date of the termination.
- Recovery of Data. User will have 7 (Seven) Business Days from the effective date of termination to retrieve any of data that User wishes to keep.
Applicable Levels. Smartsense Technologies Pvt Ltd shall provide the Service to the User with a System Availability of at least 95% (Ninety- Five per cent) during each calendar month.
System Maintenance. Smartsense Technologies Pvt Ltd may take the Service offline for scheduled maintenances provided it informs the User the schedule for maintenance in writing via email. This scheduled maintenance time is outside the scope of System Availability and will not be considered in estimating System Availability. Scheduled maintenance will not exceedonce a month. For unscheduled maintenance the system should be up and running in no less than 3 hours or else there is a penalty clause.
System Availability Definition
Percentage of Minutes per Month. "System Availability" means the percentage of minutes in a month that the key components of the Service are operational.
Not Included in "System Availability. "System Availability" will not include any minutes of downtime resulting from scheduled maintenance, events of force majeure, malicious attacks on the system, issues associated with User's computing devices, or Smartsense Technologies Pvt Ltd’s inability to deliver services because of User's acts or omissions.
The data (pertaining to your account) in the following categories will be available as per timelines mentioned below. Post expiry of the stated timeline the data will be deleted. Thereafter, Smartsense Technologies Pvt Ltd will not be able to provide this data to you. In case you would like to retain records, please download this data before such date.
|Type of Data||Retention Period (in days)|
|Data on Field Executive Location, Conveyance & Travel||90|
|Data on Meetings & Tasks, Expenses, Leaves, Attendance, 365 Dashboards (except location, travel & conveyance), Orders||365|
|Static Data (Admin Hierarchy, Field Executives Information, Teams, Designations, Forms, Shifts & Rosters, Clients, Sites, Geofences, Site Pools,||Unlimited*|
|These timelines are subject to change at the discretion of Smartsense Technologies Pvt Ltd. Any change will be informed to you via email.|
Governing Law, Settlement of Disputes and Jurisdiction
Complaints and Regulatory and Customer Grievance Redressal**
GRIEVANCE CUM NODAL OFFICER SMARTSENSE TECHNOLOGIES PVT LTD ADDRESS: 514, PALM SPRING PLAZA, GOLF COURSE ROAD, GURGAON HARYANA PH: +91 9599936991
SCHEDULE I –
Unolo offers Field Force Management Platform that performs the following services:
- Location Tracking
- Attendance Management
- Leave Management
- Expense Management
- Task Management
- Sales & Client Management
- CRM and Sales Force Automation
All the products/services offered on our domain www.unolo.com and related apps (Android & IoS) including add-ons such as customer support, training, data storage etc. These are subject to change from time to time and without notice.