SearchEnabler Terms of Use

Last modified: 25 Feb 2011

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE

Welcome to SearchEnabler.com operated by Quicko TechnoSoft Labs Private Limited. (hereafter sometimes referred to as “QuickoLabs”, “SearchEnabler,” “us,” or “our”). By using the SearchEnabler.com website (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a free member or become a paid subscriber. If you object to anything in this Agreement or the SearchEnabler Privacy Policy, do not use the Website or the Service. This Agreement is subject to change by SearchEnabler at any time, effective upon posting on the Website, and your use of the Service after such posting will constitute acceptance by you of such changes. These terms of service govern the relationship between you and SearchEnabler.

Product Billing and Subscriptions

Your SearchEnabler subscription includes the features described on our website for the product which you subscribed. You must provide accurate and complete registration information when you register to use SearchEnabler. You are responsible for the security of your passwords and for any use of your account. You must immediately notify us at Support at QuickoLabs of any unauthorized use of your password or account.

General.You agree to pay QuickoLabs the subscription fee specified in SearchEnabler product pricing during the subscription Period. The Subscription Period varies depending on the plan you sign up for.

Credits.Each month during the Subscription Period, you will be entitled to usage as per features and limits defined in subscribed plans. You will not be able to carry over or get refund for any non-usage during for any specific period or month.

Payment Method.A valid credit card is required to subscribe to the Service. QuickoLabs bills you through a secure online account (your “Billing Account”) for use of the Service. Your complete billing information is not stored on QuickoLabs servers. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay QuickoLabs for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize QuickoLabs to charge your chosen credit card (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. QuickoLabs reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If QuickoLabs does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account on demand.

Auto-Renewal of Your Subscription Period. You will be entitled to receive the Service only during the subscription period (“Subscription Period”) specified on your Billing Form. All subscriptions will automatically renew at the end of your subscription period until canceled by you. You will not receive further notice of auto-renewal.

Recurring Billing.All of our subscription plans use recurring billing. If you elect to pay for the Subscription Period on a monthly basis, then you will automatically be charged the Subscription Fee for the subsequent month unless you cancel the Service before the new Subscription Period begins. If you elect to pay the Subscription Period annually, you will automatically be charged the Subscription Fee for the subsequent year, unless you cancel the Service before the new Subscription Period begins. By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation. QuickoLabs MAY SUBMIT PERIODIC CHARGES (E.B., MONTHLY) RELATING TO YOUR SUBSCRIPTION WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL YOUR ACCOUNT. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE QuickoLabs REASONABLY COULD ACT.

Current Information Required.YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY QuickoLabs IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE FOLLOWING THE “MANAGE MY SUBSCRIPTION” LINK ON YOUR ACCOUNT PAGE (YOU MUST BE LOGGED IN TO VIEW THIS PAGE). IF YOU FAIL TO PROVIDE QuickoLabs ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT QuickoLabs MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE.

Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you pre-authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and QuickoLabs shall provide, notice of the amount to be charged and the date of the charge at least 60 days before the scheduled date of the transaction. Notice will be sent to the email address currently associated with your QuickoLabs account. You agree that QuickoLabs may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Refunds. There shall be no refunds and your Subscription fee is non-transferable. Accordingly, if you elect to cancel your subscription to the Service during the Subscription Period, you will not receive a refund on the Subscription Fee(s) previously paid to QuickoLabs. If your credit card is no longer valid, then, unless you provide a new valid credit card, QuickoLabs will terminate the SearchEnabler service prior to the start of the subsequent period.

Reaffirmation of Authorization.Your non-termination or continued use of the Service reaffirms that QuickoLabs is authorized to charge your Payment Method. QuickoLabs may submit those charges for payment and you will be responsible for such charges. This does not waive QuickoLabs right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

Modifications to Service. QuickoLabs reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that QuickoLabs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Beta Services. From time to time, SearchEnabler may add new features to the Service that are described as “beta” (“Beta Features”). Registrants and Members acknowledge that Beta Features may be untested, non-functional, and/or partly functional features of the Service. If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this Agreement to the contrary, SearchEnabler does not warrant that the Beta Features will be provided with due care. Do not rely on the Beta Features for any purpose whatsoever. Beta Features may harm and/or interrupt the regular running your software and/or hardware. Beta Features will be considered part of the Service and all provisions of this Agreement relating to the Service will apply to the Beta Features.

Ownership and copyrights

OWNERSHIP We, along with our service and information providers (“Providers”), own and have copyrights on our site and all of its contents. You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on our site, but you may download, display and print one copy of the materials presented on our site on a single computer for your personal, non-commercial use. Trademarks, logos and service marks displayed on our site (“Marks”) are our, and our Providers’, registered and common law Marks. Your use of and access to our site do not grant you any license or right to use any of the Marks. You will not use any robot, spider, other automatic device, or manual process to monitor materials available through our site. All software, applications, and modules used on our site are proprietary to us or licensed to us by other parties. You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any software on our site.

USE OF SITE. You may only use our site if you are at least 18 years of age and can enter into binding contracts (our site is not available for use by minors). You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of our site by you and anyone using your password and login information. You agree to be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of our site. You also represent and warrant that all information supplied by you is true and accurate. You may only use our site to make legitimate purchases. You may not use our site: to make any false or fraudulent purchase; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our site. Your access to our site may not be uninterrupted or available at all times. We cannot promise that our site will be error-free, that defects or errors will be corrected or that our site or the servers that make it available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our site or take any action that imposes an unreasonable load on our computer equipment.

No Resale or Redistribution of Service. Except as expressly authorized by QuickoLabs, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service or the Software, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes “Software”).

Permissions. It is QuickoLabs policy to liberally grant permission to anyone interested in re-publishing our free Blog content, on the condition that you give QuickoLabs written credit and accurately link back to the original QuickoLabs post. Please contact Information at QuickoLabs to discuss permission to use any other our content on the site.We look forward to hearing from you.

LINKS.Our site may contain links to other sites that we do not operate or control. We are not responsible for these other sites. We provide these links for your reference and convenience. We do not endorse the contents of these other sites. These links are not an indication of our association with the owners or operators of any of these other sites or our endorsement of any material on those sites. You are free to access these other sites, but you do so at your own risk. You agree not to create a link from any site, including any site controlled by you, to our site without our express, written permission.

WARRANTY DISCLAIMER.WE MAKE NO, AND OUR PROVIDERS MAKE, NO WARRANTY OF ANY KIND REGARDING OUR SITE AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITE. WE EXPRESSLY DISCLAIM AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE, OUR AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.

LIMITATION OF LIABILITY. WE WILL NOT BE, AND OUR PROVIDERS WILL NOT BE, RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITE OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITE OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR PURCHASES), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Indemnity by You. You agree to indemnify and hold QuickoLabs, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of QuickoLabs or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.

DOLLAR LIMITATION. If, despite the limitations defined in above Sections, we are or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in such sections, then our liability and the Providers’ liability will in no event exceed, in total 5 times of monthly subscription fees. Some countries/states do not allow the limitation of liability, so the limitations above may not apply to you. Such limitations on liability are in addition to, and not in lieu of, any limitations on liability set forth in any other agreement between you and us.

GENERAL. The headings in these Terms are for your convenience and reference only. Such headings do not limit or affect these Terms. Your acceptance of these Terms and use of our site do not create a joint venture, partnership, employment or agency relationship with us. You may not assign, delegate or transfer your rights or obligations under these Terms. We may modify these Terms at any time. Your continued use of our site, following any modification of these Terms, will be subject to the Terms in effect at the time of your use. You will review these Terms periodically. Your continued use of our site, following any modification, will be your acceptance of the modified Terms. Except as described in the preceding sentences, you and we can only modify these Terms in a written document signed or otherwise accepted by you and by us. Other terms and conditions may apply to your purchases of advertising services and products through our site and to your use of other portions of our site. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else’s breach of these Terms or any other terms and or conditions on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any provision of these Terms to be unenforceable or invalid, that provision will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us and you relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site. The laws of the Republic of India, without regard to its conflict of laws rules, will govern these terms and conditions, as well as your and our observance of them. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in Bangalore, India. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys’ fees. 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 these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Term.This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may cancel your Membership at any time, for any reason. QuickoLabs may terminate your Membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to QuickoLabs. If QuickoLabs terminates your membership in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of QuickoLabs. QuickoLabs is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. QuickoLabs reserves the right to refuse service to anyone for any reason at any time.
Other.The failure of QuickoLabs to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and QuickoLabs and govern your use of the Service, superseding any prior agreements between you and QuickoLabs (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to Information at QuickoLabs

These Terms are effective as of January, 2011