Terms and Conditions
  1. SMERA Terminal for Bankers and MSMEs (collectively referred to as SMERA Terminal) is a platform created by SMERA Gradings & Ratings Private Limited to collect asymmetrical information and provide a tool for quicker decisions in SME lending in the country. Through SMERA Terminal, SMERA disseminates data, information, research &analysis, outlooks, opinions and ratings.

  2. End-user Licence Agreement For SMERA Terminal
  3. Last updated: July 2017

    This End-user Licence Agreement (EULA) governs the use by you of the SMERA Terminal. SMERA Terminal Services ("Services")provide SMERA Terminal Login Credentials to access and use the SMERA Terminal Proprietary Content (Content) like the username, password, etc.

  4. While registering onto SMERA Terminal you agree that:
    1. You will not copy and/or distribute the Content or provide access to SMERA Terminal to any person other than you.
    2. In the event that you become aware of Login Credentials being used by a third party, you will take immediate action to stop such a breach and promptly notify SMERA full details of such a breach by email.
    3. You will not use the SMERA Terminal Content in contravention of any laws or regulations.
    4. You will not download, store (even beyond the Term of this Agreement), modify, copy, redistribute, sell, lease, assign or create derivative works from the Services and/or any SMERA Terminal Content and you will not reverse engineer, disassemble, decompile, publicly expose, distribute or modify the source code underlying the Services/ Content.
    5. You will not use the Services in a manner that adversely impacts the stability of SMERA Terminal servers or adversely impacts the behavior of other applications using the SMERA website and other online platforms.
    6. You will not use the Services /Content to build or support, or assist a third party in building or supporting products or services similar to SMERA Services Content.

  5. SMERA Terminal shall compile statistical information (i.e. page views, uniques, etc.) with respect to the SMERA Terminal / Content. Please see the SMERA TerminalPrivacy Policy, located at https://www.smera.in/privacy-policy.htm for collection, use, disclosure and other processing of end user data. SMERA Terminal may update its Privacy Policy from time to time, in its sole discretion and post an updated version.

  6. Intellectual Property
  7. You acknowledge and agree that:

    1. SMERA Terminal owns all rights, title and interest in the Services / Content and the name and trademarks, whether now existing or which may subsequently come into existence (collectively, the "SMERA Terminal Property"),
    2. nothing in this Agreement shall confer on you any right of ownership in the SMERA Terminal Property and/or the Content, and
    3. any goodwill generated through your use of the SMERA Terminal name and trademarks will inure solely to SMERA Terminal. All suggestions, feedback, enhancement requests, recommendations or other inputs provided by you or any other party relating to the Services shall be owned by SMERA Terminal.

  8. Fees
  9. After receiving from you the duly filled in and signed Form for listing on SMERA Terminal for Bankers and MSMEs, SMERA shall inform you the fees payable by you for the Services required by you.

  10. Modifications
    1. SMERA Terminal reserves the right at any time to make necessary modifications and/or improvements to the Services / Content with or without notice to you. Unless SMERA Terminal provides otherwise, the then-current EULA shall also apply to your use of any modified or new version of the Services / Content or your use of any updates, upgrades, changes, enhancements or new features added to the Services / Content that may be made available by SMERA Terminal from time to time.
    2. This EULA may be modified from time to time, and shall be indicated by the "Date Updated" above (the "Modifications"). Continued use by you of the Services / Content after the Modifications constitutes acceptance by you of the Modifications.
    3. If you do not agree with any such Modifications, you may terminate this EULA on the effective date of the Modifications. In such an event,the only obligation of SMERA Terminal to you shall be to refund to you, pro rata, unused fees paid in advance.

  11. Warranties
    1. You warrant that you have the power and authority to enter into thisEULA.
    2. SMERA Terminal does not represent or warrant that the Services / Content are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete or otherwise valid. The services are provided "as is" with no warranty, express or implied, of any kind.

  12. Limitation of liability
  13. SMERA Terminal shall not be liable to you for any damages, costs or losses arising out of use of any Content. SMERA's aggregate liability to you shall not exceed the total amount of fees due and payable by you to SMERA under this EULA.

  14. Term and termination
    1. This Agreement becomes effective on the date you use the SMERA Terminal Services (the "Effective Date") and shall remain in effect until the date you cease using the Services (the "Expiration Date") the duration of which is the "Term".
    2. If, due to any reason within SMERA Terminal's control, there is an interruption in the Services which continues for ten (10) working days following written notice by you to SMERA Terminal of such interruption, you may terminate the EULA, in which case SMERA Terminal's only obligation to you shall be refund to you, pro rata, unused fees paid in advance.
    3. On the effective date of cancellation or termination for any reason under this EULA, you must erase or destroy any SMERA Terminal /Content accessed or displayed by you. Your licence to use the SMERA Terminal / Content is temporary and specific to the Term.
    4. The following provisions shall survive termination or expiration of this Agreement Sections 8, 9 and 10.

  15. Jurisdiction and settlement of disputes:
  16. This Agreement and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the Republic of India, without giving effect to principles of conflict of laws. The parties hereby agree that any controversy, claim or dispute arising out of or relating to this Agreement, shall be settled bya reference to the Chief Executive Officer of SMERA, whose decision shall be final and binding on all the parties.

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CIN: U74999MH2018PTC308660