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Effective Date: March 1, 2023

Terms of Service

Welcome to SearchCommercia, a multi-model (B2C, C2B, and B2B) rating and review platform where businesses register their companies and the services they offer. The Terms of Service mentioned below govern the use of the platform as provided by SearchCommercia.

The terms 'we', 'us', and 'our' used in the following document refer to SearchCommercia, and the terms 'you' or 'your' refer to users accessing and/or using the platform.

Updates to These Terms

The following Terms of Service have been updated as of 01 March 2023, and users are requested to return to this page periodically to read the most recent Terms and Conditions. We hold the right, at our sole discretion, to update and modify these Terms as we see fit and continued use of the platform following any changes to the Terms implies that you accept and are willing to comply with such changes.

Before using our services, ensure that you read the specified Terms and Conditions carefully. It is a legal contract concerning your use of SearchCommercia's website and services.

BY ACCESSING AND USING SEARCHCOMMERCIA'S SERVICES, BROWSING OUR WEBSITE, REGISTERING ON SEARCHCOMMERCIA, CONTRIBUTING TO OUR PLATFORM, ACCESSING INFORMATION VIA OUR PLATFORM, WRITING REVIEWS FOR OUR PLATFORM, PARTICIPATING IN SURVEYS, OR COMMUNICATING VIA EMAIL OR PHONE, YOU (COLLECTIVELY 'YOU' OR 'YOURS') CONSENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST DISCONTINUE USING THIS SITE.

Eligibility

Users must be 18 years of age or older in order to use SearchCommercia and its affiliated platforms and services. This includes registering for an account, accessing our services, writing and sharing reviews, and using our website.

User Accounts

As part of using our services, users have the option of creating a SearchCommercia account. When doing so, users are fully responsible for providing and maintaining accurate, current, and complete information concerning themselves and the company they are associated with (if applicable).

We reserve the right, in our sole discretion, to terminate or suspend your account if the information provided by you, under reasonable grounds, appears incomplete, inaccurate, or inappropriate to us.

Users are responsible for the security and confidentiality of their personal and account information, including but not limited to your login-id and password. We aren't responsible or liable for any misuse and damage caused by a failure to comply with this section.

We collect, store, and process your information in accordance with our Privacy Policy.

User Content

Submitting User Content

As part of using our website, users must acknowledge that they are solely responsible for all types of user-generated content, including but not limited to reviews, comments, company profiles, and messages. No form of user-generated content, irrespective of how it is 'produced' or 'submitted' to SearchCommercia, is exempt from this section.

Users are only expected to submit accurate and up-to-date content and will be held solely liable for any damage or issues arising from false, incomplete, misleading, or defamatory information submitted on our platform. You agree to indemnify, defend and hold SearchCommercia harmless against any claims arising from user-generated content submitted by you.

We hold the right to distribute, edit, or reject any user-generated content across our website and other affiliated channels as we see fit. We hold the right to edit, rephrase, or change information provided by users when submitting user reviews for the sake of better clarity, readability and presentability. Our right to edit reviews doesn't exempt users from their liability of providing accurate and quality information when submitting user reviews. We aren't obliged to store or provide you with copies of your content.

When submitting user content, you agree to be bound by our community and review guidelines as mentioned on this page and acknowledge that any violation of these terms or the general Terms and Conditions gives us the right to modify or delete any content submitted by users as per our discretion.

Using User Submitted Content

You acknowledge that we do not verify or authorize any user content, and the responsible use of the same depends solely on you. You must evaluate any user content published on our site yourself and bear the risks associated with using it.

Reference to any products or services, either by trade name, trademark, supplier, manufacturer, or otherwise, does not imply any endorsement or recommendation by SearchCommercia. User content like reviews and website content like rankings are largely based on third-party opinions, and SearchCommercia makes no assurances of their quality, accuracy, or reliability. By using our services, you may be exposed to user content that can potentially be offensive, inaccurate, and objectionable, and cannot hold SearchCommercia liable for it.

SearchCommercia's License to User Content

When content is submitted on or via using our services, you grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, transferable license to, in whole or in part, use, reproduce, modify, reformat, adapt, translate, distribute, publish, create derivative works from or publicly display user content on any existing or hereafter devised platform for whatever purpose and application that we may see fit. We may also publicly showcase advertisements and other information alongside or included within user content. Users aren't entitled to any type of compensation for such advertisements, and the mode and extent of these advertisements may change at any time without any notice to you.

Using Our Website/Service

As users of our website/services, you agree to comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulations. You agree to ensure that all user content you make available on our website, regardless of the mode of submissions, including without limitation reviews, company details, trademarks, logos, images and videos are true, accurate, and free of third-party encumbrances. You also agree to comply with all notices sent by SearchCommercia concerning your use of our services.

Our website allows you to browse and share data related to various businesses and the services they offer, as well as the opportunity to create reviews and related information for the same. We, as service providers, aren't responsible for your usage of our service. We try our best to verify the identities of reviewers, but the contents of the reviews are solely third-party opinions that we can't be held liable for. We also aren't liable for or a participant in any engagements between businesses and service providers. Businesses and users, as connected by our service, must communicate with each other at their own risk recognizing SearchCommercia as an unrelated third party.

Feedback

Any and all of your feedback about our services and platform, including but not limited to any corrections, updates or suggestions will be the property of SearchCommercia, and you hereby assign any rights in such feedback to SearchCommercia, without entailing any payments or compensations to you.

Prohibited Activities

In using our services, you agree not to, nor to encourage any third party to:

Transmit, submit, email, or otherwise make available any content that:

Is illegal, unlawful, objectionable, libelous, false, abusive or discriminatory.
Includes information that you do not have the right to make legally available under contractual and trust relationships or any other conditions.
Infringes upon any intellectual, proprietary or privacy rights, including but not limited to patents, trademarks, copyrights, publicity rights, and more.
Includes or resembles unauthorized or unsolicited advertising, spam, junk mail, or chain letters.
Contains software viruses, worms, or any computer code that could interfere with or harm any computer hardware or software, or telecom equipment of SearchCommercia or any of its users.

Violate our content guidelines by:

Duplicate, rebrand, license, sublicense, transmit, broadcast, display, or sell information (excluding user content submitted by you) found on SearchCommercia.
Use, share, repurpose, redistribute, utilize, copy, or adapt any content, data or information you view on SearchCommercia, to provide any service that is competitive, in our sole discretion, with SearchCommercia.
Modify or remove any trademark or copyright material that appears on the service.
Provide or receive compensation for writing or removing reviews or other user-submitted content, except for incentivized reviews that comply with our guidelines.
Post reviews on products/services that are offered by your current employers or on services/products by direct competitors of your employers or any other product/service having a conflict of interest with you.

Violate our Security Guidelines by:

Download, copy, collect, use or transfer any information, including but not limited to personal information of users obtained from SearchCommercia, unless as explicitly permitted in the Terms of Service or by SearchCommercia.
Overriding or attempting to disturb SearchCommercia's underlying security structures or performing actions that directly or indirectly disturb the working of our infrastructure.
Use software, devices, robots, scripts, or other means to scrape, crawl, or index any web page or other portion of our service.
Engaging in replicating, mirroring, or simulating the appearance of, or trying to impersonate SearchCommercia or any of its services.
Attempt to gain unauthorized access to SearchCommercia's services, user accounts, stored data or information or SearchCommercia's network or system via hacking or other means.
Harm, threaten, harass, abuse or try to offend others or log in with an alias that masks your true identity.
Download, save, record, process, transfer or broadcast data from other users.

Sponsorships and Incentivized Reviews

Purchasing a sponsorship on our platform allows you to boost visibility and improve your brand's outreach. When users reach a directory page, sponsored companies are listed on top by default, designated by a sponsored tag. A sponsorship does not affect your ranking or position in our company rankings, nor does it guarantee any amount of traffic, leads, business, or sales. Sponsorships only affect your position on our company listings.

Purchase Terms

Subscriptions, billing, upgrades, and cancellation:

All storefront purchases, including your purchase of sponsored or start-up plans, are considered as subscriptions. The terms of your agreement with us, in relation to the product you subscribe to, will last for the duration of the term you choose to remain subscribed to our services. When purchasing any of our services, you agree to pay the applicable fee agreed upon at the time of purchase as well as all applicable fees and taxes. You also agree to pay your dues on time as specified in your purchase agreement, failure to do which can lead to the termination of your services.

You can make payments using credit/debit cards, bank transfers/ACH-enabled bank accounts issued by a financial institution recognized by us. By purchasing our services, you agree to be charged a recurring subscription fee, either by us or any payment agent of ours, as set forth in the invoice. This includes all applicable fees, charges, and taxes, as well as additional charges that you may incur if you choose to upgrade your subscription with us.

If you wish to upgrade your subscription, you must make the necessary payments to us on a pro-rata basis through your upcoming billing cycle. In the case of an upgrade or downgrade, you shall continue to use your then-current subscription until the next billing cycle, beyond which both your subscription and applicable pricing will be adjusted accordingly. All changes made to subscriptions will continue billing at the original schedule but at the updated price post the nearest billing cycle.

Subscriptions renew automatically on a month-to-month billing cycle. If you wish to cancel your subscription, you'll need to provide a non-renewal/cancellation request (at info@searchcommercia.com) at least five business days prior to your next billing date for any termination request to be effective on time.

If the payment provider you use with us fails to process your payment or reaches its exhaustion/expiration, you'll be held responsible for any uncollected/unpaid amounts. Failure to update your payment information or to cancel your subscription gives us the authority to bill your existing payment provider, as well as the right to terminate your subscription. Your obligation to pay our fees continues as long as your subscription period lasts or you cancel your subscription. Applicable taxes are based on payment information provided by you at the time of purchase. You can suspend or cancel your subscription at any time by contacting info@searchcommercia.com.

By purchasing our services, you acknowledge SearchCommercia's right to cancel, terminate, suspend, or restrict your access to our services without any notice or liability beforehand, with or without cause, such as (without limitation) failure to pay applicable fees. We also hold the right to revise, change, modify, upgrade, add to, or reduce the quality, availability, and nature of our services/products. We may do so at any time, for any reason, including without limitations, to comply with applicable regulations or laws, without any prior notice, at our sole discretion.

We take no guarantees with respect to the result/outcome of using our product/service offerings. You agree and acknowledge to be responsible for the payments due under this agreement, despite any changes, modifications, or evolution to SearchCommercia's services/products that may occur throughout the term.

Disclaimer

THE SERVICES OFFERED BY US AND ALL INFORMATION CONTAINED THEREIN, AS PERMISSIBLE UNDER APPLICABLE LAW, ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITH ALL FAULTS/MISTAKES, WITHOUT WARRANTY OF ANY KIND, AND MUST BE USED/REFERRED TO AT YOUR OWN RISK. WE DO NOT GUARANTEE THE ACCURACY OF INFORMATION RELATING TO BUSINESSES AND THEIR SERVICES ON THIS WEBSITE AND DISCLAIM THE LIABILITY CAUSED BY THE SAME.
SEARCHCOMMERCIA MAKES NO REPRESENTATIONS CONCERNING THE SUITABILITY OF THE INFORMATION, CONTENT, REVIEWS, SUBMISSIONS, PRODUCTS AND SERVICES LISTED ON THIS WEBSITE, NOR DOES THE INCLUSION OF ANY PRODUCT, SERVICE OR INFORMATION ON OUR WEBSITE AND/OR WITHIN OUR OFFERINGS IMPLY ANY ENDORSEMENT OR RECOMMENDATION OF THE SAME FROM OUR SIDE. WE HEREBY DISCLAIM ALL CONDITIONS AND WARRANTIES WITH REGARD TO SERVICES, PRODUCTS, INFORMATION, CONTENT, AND SUBMISSIONS DESCRIBED ON THIS WEBSITE, INCLUDING ALL CONDITIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY. REVIEWS AND OTHER USER-GENERATED CONTENT ON OUR SERVICE CONSIST OF THE OPINIONS OF USERS AND SHOULD NOT BE CONSIDERED TO BE STATEMENTS OF FACTS.
SEARCHCOMMERCIA DOESN'T GUARANTEE THE FUNCTIONING OF ITS SERVICES WITHOUT INTERRUPTIONS OR ERRORS. THEIR OPERATIONS MAY BE AFFECTED BY SYSTEM OR NETWORK FAILURES, UPDATES, MAINTENANCE CHECKS OR OTHER UNFORESEEABLE EVENTS. SEARCHCOMMERCIA DISCLAIMS ANY LIABILITY FOR DAMAGES CAUSED BY ANY SUCH MALFUNCTION OR ERROR.
IF YOU AREN'T SATISFIED WITH OR HARMED IN ANY WAY BY SEARCHCOMMERCIA OR ANYTHING RELATED TO US, YOU MAY CLOSE YOUR SEARCHCOMMERCIA ACCOUNT.

Liability Limitation

IN NO EVENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOULD SEARCHCOMMERCIA BE HELD LIABLE TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGE CAUSED BY, ARISING OUT OF, OR CONNECTED TO YOUR USE OF OR ACCESS TO OUR SERVICES OR WEBSITE, EVEN WHEN SEARCHCOMMERCIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ACCESS AND USAGE OF OUR SERVICES ARE ENTIRELY AT YOUR OWN RISK, AND ANY DAMAGE CAUSED BY THE SAME IS YOUR RESPONSIBILITY.

Intellectual Property Rights, Ownership and Copyright Policy

SearchCommercia owns all content contained within our website, including our services, features, graphics, designs, the aggregate of reviews and ratings, and the compilation of user content. Users own the user content they individually submit; however, as part of these terms and services, they allow SearchCommercia the right to distribute, display and advertise user content in any way we see fit. Our services are protected by copyright and trademark protection laws. As part of this agreement, SearchCommercia exclusively owns all intellectual property rights to its services.

Users aren't allowed to alter, modify, obscure, or remove any trademark, copyright, or any other proprietary rights notices incorporated within our services. All trademarks, logos, service marks, and names of the services and products listed on SearchCommercia are the property of SearchCommercia or its licensors and should not be copied, imitated, or used, in part or in whole, unless specifically authorized under a prior permission by SearchCommercia.

The look and feel of our site, including all graphics, headers, titles, design, scripts, buttons, and the site itself, is our trademark/service mark and should not be copied, imitated, or used, in part or in whole, without our prior written permission. All other company names, product names, registered trademarks, logos, and other details are the property of their respective owners. In case of any infringement of either our brand or yours, write to us at info@searchcommercia.com, and we'll look into your case. SearchCommercia respects all intellectual property rights and expects the users of its service to do the same.

Indemnification

You agree to defend and indemnify SearchCommercia from and against any and all third-party claims, demands, causes of action, recoveries, losses, damages, fines, penalties, liabilities, or any other cost or expenses of any kind (including, but not limited to, any reasonable legal or accounting cost) brought about by third-parties as a result of:

Your failure to comply with these terms and conditions;
Your violation of any law or the rights of a third party; or
Your use of this website.

Links to Third-Party Sites

SearchCommercia contains links to websites operated by parties other than us. The links are included only as references for the users and do not imply any endorsement of the platforms they are associated with, the material posted on them, or any association with their operators. Your usage of any such website must be on an 'as-is' basis and is completely your responsibility and at your own risk. We shall not be held liable for any loss/damage/claim caused, directly or indirectly, by your usage or reliance on any of these third-party websites.

General

These terms and conditions are governed by the laws of Nepal and are applicable to your usage of SearchCommercia regardless of the country you reside in, access our site from, or your country of origin. Any claims relating to or arising out of these terms must be exclusively resolved by a court located in Nepal, except as agreed by the involved parties.

These terms, along with our Privacy Policy, constitute the entirety of the agreement between you and SearchCommercia and supersede, replace, or nullify any prior or contemporaneous proposals or communication, written or oral, that may conflict with or add to these current terms.

Our failure to act with respect to a breach of these user terms does not waive our right to act with respect to that or subsequent similar or other breaches. If any of these terms get deemed invalid or unenforceable under applicable law, the terms remain severable and do not affect the enforceability and validity of any remaining terms mentioned in these terms and conditions.