Payment Terms & Conditions
TERMS AND CONDITIONS FOR PROVISION BY SMERA RATINGS LIMITED (SMERA) MUMBAI OF ITS VARIOUS REPORTS/SERVICES/PRODUCTS (COLLECTIVELY "REPORTS")

  1. These Terms and Conditions, as may be amended and supplemented, from time to time ("Terms"), shall be binding on the Subscriber and shall be applicable to the provision of various Reports to the Subscriber (hereinafter referred to as "Transaction").
  2. Following are the Terms and Condition which we (hereinafter referred to as "we") acknowledge, agree, accept and confirm:
    1. We have read and understood and therefore, we agree to abide by these Terms including any changes thereto made by SMERA in its sole discretion, from time to time, relating to our Transaction with SMERA, which changes shall be as communicated and made available by SMERA on its website. We agree that these Terms form a valid contract between ourselves and SMERA, and that SMERA may, in its sole discretion, amend its Reports relating to the Transaction and/ or the Terms, either wholly or partially, at any time and without the requirement of any prior notice to us or consent from us.
    2. We agree that these Terms constitute the entire agreement between ourselves and SMERA with respect to the Transaction and these Terms supersede all prior or contemporaneous communications and proposals, if any, whether electronic, oral, or written, between us and SMERA with respect to the Transaction. A printed version of these Terms and of any notice given by SMERA in electronic form shall be valid and admissible in any judicial proceedings.
    3. We agree and understand that any and all information contained in the Reports of SMERA has been collated by SMERA based on the information available in the public domain and/or obtained by SMERA from reliable sources.
    4. We agree that the information mentioned in the Reports is provided by SMERA on "as is" basis. SMERA especially states that SMERA has no liability, whatsoever, to us in connection with the Reports/Transaction.
    5. SMERA shall have the right to terminate provision of the Reports or any part thereof, at its sole discretion at any time. Further, SMERA reserves the right to reject my Request Form made due to any reason, whatsoever, and shall not be required to specify such reason for rejecting the same.
  3. REQUEST FORMS FOR REPORTS OF SMERA
    We understand that all applications for the Reports shall be provided by SMERA. Only after the submission by us of the duly completed request form/s and after receipt of the relative payment in full in its Bank Account SMERA shall process our Request/Order Form for commencement of the provision of its Report/s to us.
  4. REQUEST FORMS FOR REPORTS OF SMERA AND PROOF OF IDENTITY AND ADDRESS
    1. We understand that the payment gateway and net-banking channels (hereinafter collectively referred to as Third Parties) do not belong to SMERA and we agree to abide by the rules and regulations and terms prescribed by such Third Party/ies in the process of facilitating our payment through the payment gateway and net-banking channels appointed by SMERA.
    2. A request once made by us shall not be cancelled by us and, therefore, no payment made by us shall be refunded by SMERA/Third Parties.
  5. PAYMENT THROUGH CREDIT CARDS/ DEBIT CARDS:
    1. We understand that for the Reports, payment can be made by us using our VISA CARD, MASTERCARD, Credit Card, Debit Card, etc (collectively referred to as "Card") as provided by the Payment Gateway Merchant.
    2. We agree to pay such amount as stipulated by SMERA for the issue and delivery of SMERA"s Reports and understand that these payments are towards cost of the Report/s, payment gateway charges, delivery charges, taxes etc.
    3. We confirm that the VISA CARD, MASTERCARD, Credit Card or Debit Card used by us to make payment herein, is our own Card and that we have full authority and permission to use the same to make the payment herein.
    4. Processing of the Request/Order Form shall take place only after SMERA receives full payment through the payment gateway merchant.
    5. In the event there is any error in the payment of the full amount through this mode, the relevant Request/Order Form shall not be processed by SMERA.
    6. In the event a payment is made more than once for the same Transaction, we understand that we are required to email to SMERA at "info@smera.in" with full details of our order, our complaint, the relevant reference number from the issuing bank of our Card in order to enable SMERA to process our request for refund of such duplicate payment. We understand that such reversal/s shall be made to the Card/Bank Account from which the relative payment was made.
    7. SMERA shall not be liable in any manner whatsoever for any fraud that may have been committed on our Card/Bank Account, whether due to loss or theft or otherwise.
    8. The technology for enabling the payment by way of Card could be affected by virus or other malicious, destructive or corrupting code, programme or macro. This could result in delays in the processing of instructions or failure in the processing of instructions. SMERA shall not be liable, whether directly or indirectly, whether arising out of loss or profit or otherwise arising out of any failure or inability by the concerned bank to honour our instruction/s, for whatsoever reason.
  6. PAYMENT THROUGH NET BANKING:
    1. We understand that a payment of the agreed charges for Report/s can be made through our Net Banking channel.
    2. We understand that the Net Banking channel is available only if we have an online banking account with our bank from where the amount will be directly debited from our account with our instructions online and such facility is available only if we hold an account with the bank/s as may be provided by payment getaway merchant, from time to time.
    3. We shall use only our own net-banking account details for the Transaction and we have full authority and permission to use our net-banking account to make the payment as required herein.
    4. Processing of the Request/Order Form shall take place only after SMERA realises the payment through/from the net-banking payment gateway merchant for the full amount.
    5. In the event there is any error in the payment of the full amount through this mode, the relevant Request/Order Form shall not be processed by SMERA.
    6. SMERA shall not be liable in any manner, whatsoever, for any fraud that may take place on our net banking account,
    7. The technology for enabling the payment by way of net banking could be affected by virus or other malicious, destructive or corrupting code, programme or macro. This could result in delays in the processing of instructions or failure in the processing of instructions. SMERA shall not be liable, whether directly or indirectly, whether arising out of loss or profit or otherwise arising out of any failure or inability by the relevant bank to honour our instruction/s, for whatsoever reason.
  7. REFUNDS AND CHARGE BACK
    The amount paid by us for SMERA Report/s is non-refundable by SMERA under any circumstances whatsoever. Despite this, if we make a claim/request for a full/partial refund of the amount paid by us, SMERA and all Third Parties shall treat such a request as invalid. Therefore, we unconditionally agree that there shall not be any refund/chargeback for the amount paid by us to SMERA.
  8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
    1. We acknowledge, understand and agree that in no event shall SMERA be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages due to any errors in the information /view contained in the Report/s either to us or any other Users of the Report/s or to any Third Parties.
    2. We agree that we will not hold SMERA liable or responsible for non-availability of its website either due to internet connectivity speeds or errors in our computer or during periodic maintenance operations or any unplanned suspension of access to website that may occur due to technical reasons or for any reason beyond SMERA"s control. We understand and agree that any material and/or data downloaded or otherwise obtained through SMERA"s website is done entirely at our own discretion and risk and we will be solely responsible for any damage to our computer systems or loss of data that results from the download of such Report/s, material, or data.
  9. MISCELLANEOUS
    1. We agree and confirm that the Report/s of SMERA subscribed and paid for by us are meant only for our internal use.
    2. We will not disseminate these Reports of SMERA to any third party either free or for consideration.
    3. We hereby confer SMERA with the right to use any data and information provided by us vide the Request/Order Forms in any manner including for any purpose desired by SMERA, provided that the same is valid under applicable law.
    4. We understand that by providing our mobile number/s, we have assented to receive transactional SMS(es) from SMERA and we may be sent transactional SMS(es) to update status of our Order for Report/s. We further understand and agree that by providing our mobile number/s, we have also assented to receive calls from SMERA, their agents etc. regarding other Reports/Products/Services of SMERA.
  10. INDEMNIFY
    We agree to indemnify SMERA from and against all losses and damages that may be caused as a consequence of breach of any of these Terms.
  11. FORCE MAJEURE
    1. SMERA shall not be liable for any failure to perform any of its obligations under these Terms or provide the Report/s or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such a case, its obligations shall be suspended for so long as the Force Majeure Event continues.
    2. "Force Majeure Event" means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government, etc.
  12. GOVERNING LAW, JURISDICTION
    The Transaction, the Terms and the Request/Order Form/s shall be governed by the laws of the Republic of India and the Courts in Mumbai alone shall have exclusive jurisdiction in the matter.

 

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