FindRate Ltd. allows its members to provide reviews and ratings on a variety of service companies (“Service Provider”) with whom they have had first-hand experiences. On behalf, and as representative, of a Service Provider (“You” or “Company”), You are permitted to use the website ( https://findanrate.com ) (the “Website”) and the information contained therein subject to the terms and conditions contained in this Service Provider User Agreement, which may be modified, amended or replaced by FindRate from time to time at FindRate sole discretion (collectively, the “Agreement”). Such modifications will become effective immediately upon the posting thereof. This Agreement shall also govern other aspects of Your relationship with FindRate beyond Your use of the Website, as described herein.
In consideration of FindRate granting the Company access to its Website and the information contained therein, and in order to use the Website, You must read and accept all of the Terms and Conditions in, and linked to, this Agreement. It is the Company’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
Members may submit a review or report and other information (collectively, “Member Content”) on any Service Provider with which they have communicated or had another first-hand experience, whether or not work was started, performed, or completed. If the Company disputes any Member Content, the Company’s sole course of action with respect to such Member Content will be against the individual contributing to the Member Content.
By agreeing to the Terms and Conditions of this Agreement, FindRate grants the Company a limited license to access and use the Website. Notwithstanding the foregoing, the Company acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any Member Content or any profiles of FindRate members) for any commercial or other purpose, without the express written consent of FindRate.
FindRate does not endorse and is not responsible or liable for any Member Content, data, advertising, products, goods or services available or unavailable from, or through, FindRate. The statements, information and ratings contained in any Member Content are solely the opinion of the member submitting such Member Content and do not reflect the opinion of FindRate or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.
The Company acknowledges and understands that FindRate simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Member Content. FindRate does not have any duty or obligation to investigate the accuracy of Member Content or the quality of the work performed by the Company or any other service provider which is the subject of any Member Content.
Under no circumstances will FindRate be liable in any way for any Member Content including, but not limited to, any Member Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Member Content submitted, accessed, transmitted.
The Company hereby waives any claims, rights or actions that it may have against FindRate or any of its affiliates or subsidiaries with respect to any Member Content and releases FindRate and each of its affiliates and subsidiaries from any and all liability for or relating to Member Content.
The Company agrees to indemnify and hold FindRate and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against FindRate with respect to any statements made by a member or Member Content submitted by a member which is communicated, posted or published by FindRate on its Website or to a third party.
FindRate will not allow contents which includes but is not limited to:
FindRate may suspend, restrict or terminate the Company’s use of its services or any portion thereof if the Company breaches or fails to comply with any of the Terms and Conditions of this Agreement.
Although FindRate does not claim ownership of any content or other communications or materials submitted by or given by the Company to FindRate, by providing content for the Website or other mediums, the Company automatically grants, and the Company represents and warrants that the Company has the right to grant, to FindRate an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such consent and to prepare derivative works of, or incorporate into other works, such content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing FindRate with content, the Company automatically grants FindRate all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of content on the Website or in any other medium by any other party. No compensation will be paid with respect to FindRate use of the content. FindRate is under no obligation to post or use any of the content or maintain the content. FindRate may remove contents at any time in FindRate sole discretion.
It is the Company’s sole responsibility to review and monitor any Member Content regarding the Company that is posted by members and to submit responses it deems necessary to any Member Content. FindRate does not have any obligation to provide a notice or update to the Company with respect to any new information or Member Content that it learns of or receives about the Company from its members.
The Company has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Company’s description and profile information.
The Company agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy FindRate, any Member Content, any member profiles or any other content contained on the Website or any other publication of FindRate. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.
The Company hereby represents and warrants to FindRate that (a) all information provided to FindRate by the Company is true, complete and accurate in all respects, and (b) the Company is authorized to submit information to FindRate. FindRate is authorized by the Company to rely upon the truthfulness, completeness and accuracy of the information in order to serve its members.
The Company agrees unless expressly authorized by FindRate not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Member Content, any member profiles or any other content from the Website or FindRate, including, without limitation, any reviews or ratings or any other content contained in any Member Content.
FindRate is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name “FindRate”, appearing on the Website and is copyright owner or licensee of the content and/or information on the Website. By placing them on the Website, FindRate does not grant the Company any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.
FindRate reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy.
This Agreement and the relationship between the Company and FindRate will be governed by the laws of the Republic of Mauritius.
The Company agrees to indemnify and hold FindRate and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Company’s use of FindRate.
FindRate may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. FindRate will make note of the date of the last update to the Agreement on the first page of this Agreement. The Company is responsible for reviewing these terms and conditions regularly. The Company’s continued use of the Services after such modifications will be deemed to be the Company’s conclusive acceptance of all modifications to this Agreement.
The Company agrees that FindRate shall be entitled to payment from the Company for any and all out-of-pocket costs, including, without limitation, attorneys’ fees, incurred by FindRate in connection with enforcing these Terms and Conditions and this Agreement or otherwise.
The person agreeing to this Agreement and the Terms and Conditions on behalf of the Company hereby represents and warrants that he/she has the power and authority to bind the Company and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Company.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS