These Terms of Use were last updated on June 1, 2010.
By accessing and using careratings.com (the "Web Site"), you agree to be legally bound by these Terms of Use and you represent that you are 18 years or older. If any of these terms are unacceptable to you, you may not access the Web Site until agreement has been reached between you and Credit Analysis and Research Ltd (CARE Ratings) as to the applicable terms of use. The terms "you" and "User" refer to anyone who accesses the Web Site.
As you browse through the Web Site you may access other Web Sites that are subject to different terms of use. When you use those sites, you may be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms of Use and those other terms of use, the other terms of use will govern with respect to use of such pages.
Subject to applicable laws and regulations, CARE Ratings, may change these Terms of Use at any time without notice. Changes will be posted at www.careratings.com under "Terms of Use". Your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes.
1. USE OF THE WEB SITE.
CARE Ratings grants you a non-exclusive, non-transferable, limited license to access and use the Web Site for the fees, if applicable, and under the terms set forth below.
The content of the Web Site made accessible by CARE Ratings on the Web Site includes, but is not limited to, its ratings and other opinions, text, data, reports, images, photos, graphics, graphs, charts, animations and video (collectively, the "Content").
The Content may be used only for non-commercial use.
The Content includes:
Ratings made available on careratings.com
Except as expressly permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Ratings, in whole or in part, from the Web Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Ratings to anyone, or for any commercial purpose, without the express prior written consent of CARE Ratings.
You may, on an ad hoc basis, use individual Ratings in the ordinary course of securities disclosure activities and the drafting of transaction documents internally within your organization or publish, on a non-commercial basis, selected individual Non-Historical Ratings. Notwithstanding the foregoing:
Ratings may not be compiled into a database;
Ratings may not be used or disseminated in a manner that would serve as a substitute for any CARE Ratings product or service for which a fee is charged; and
Ratings may not be systematically distributed or shared.
Narrative Content made available on careratings.com
You may also, on an occasional, ad hoc basis, reproduce, distribute, display or transmit an insubstantial portion of other narrative (non-ratings) Content ("Narrative Content"), for a non-commercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices and the CARE Ratings disclaimer with such portion of the Narrative Content in the same form in which the notices and disclaimer appear on the Web Site, the original source attribution, and the phrase "Used with permission from careratings.com, a Web Site of CARE Ratings". However, you may not post Narrative Content from the Web Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other Web Sites, without the prior written consent of CARE Ratings. To request consent for uses such as linking to CARE Ratings Narrative Content or posting Narrative Content on your Web site, please contact CARE Ratings at care@careratings.com.
User Content made available on careratings.com
Material that appears on the Web Site that is entered by you or other Users, or that is otherwise made accessible by other than CARE Ratings, is referred to as "User Content" or "Other Content"). Use of Other Content is governed by Section 7 below.
Intellectual Property Rights and Unlawful Use
The Content is the property of CARE Ratings or its providers, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Web Site may be registered or unregistered marks of CARE Ratings or others. Nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of CARE Ratings or a third party owner of such Marks. You shall honor all reasonable requests by CARE Ratings to protect CARE Ratings proprietary interests in the CARE Ratings Web Site and the Content.
Illegal and unauthorized uses of the Marks or any other Content are strictly prohibited.
Fees and Payments
Care Ratings reserves the right at any time to charge fees for access to portions of the Content or the Content as a whole. If at any time, Care Ratings requires a fee for access to portions of the Content or the Content as a whole, Care Ratings will require you to register and create an account. You shall pay all fees and all taxes and other fees related thereto through your account at the rates in effect for the billing period. All fees and charges shall be billed to you, and you shall be solely responsible for the payment.
By submitting your payment and other details, you are making an offer to Care Ratings. Your offer will only be accepted by Care Ratings when Care Ratings have successfully verified your payment details, email address & other details, at which point Care Ratings will provide you with access to the Content or the Content as a whole. Care Ratings will try to process your access promptly but do not guarantee that your access will be activated by any specified time. Care Ratings reserves the right to reject any offer in its discretion, for any or no reason.
Care Ratings also reserves the right to change, modify the fees but the same would remain unchanged for the billing period you have signed up for. Care Ratings reserves the right to offer discount, reduce or increase the fees at any time and the already signed up subscribers/users would be able to avail such change in price or discount only post expiry of their billing period, provided the said price/discounts are still valid.
NOTE: Use of Content on this Web Site may be periodically monitored to assure compliance with these Terms of Use. CARE Ratings reserves the right to discontinue access to this Web Site either with or without notice if CARE Ratings has a reasonable basis to believe that a User is accessing or using Content in violation of these Terms of Use.
2. ANTI-HACKING PROVISION
You expressly agree not to:
use or attempt to use any "deep-link," "scraper," "robot,""bot," "spider," "data-mining," "computer code" or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Web Site, any data or Content found on or accessed through the Web Site or any Other Content without the prior express written consent of CARE Ratings;
obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;
violate the restrictions in any robot inclusion headers on this Web Site or in any way bypass or circumvent any other measure employed to limit or prevent access to the Web Site or its Content;
violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to any CARE Ratings server, through hacking, password mining or any other means;
interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web Site;
take or attempt any action that, in the sole discretion of CARE Ratings, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or CARE Ratings infrastructure.
3. REGISTRATION
As part of the registration process, you must select a member name and password and provide CARE Ratings with other accurate, complete, and updated information. If you are accessing this Web Site within the scope of your employment, you are required to register using your employer's domain name. Failure to provide this information constitutes a breach of this Agreement, which may result in immediate termination of your access. Please see our Privacy Notice and the Registration and Logon screens for information regarding how this information will be used and maintained.
4. LIMITATION ON WARRANTIES AND LIABILITY
You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the Web Site. If you are dissatisfied with the Web Site or with these Terms of Use, your sole and exclusive remedy is to stop using the Web Site. Neither CARE Ratings nor any third party provider will pay you any damages in connection with your browsing or use of the Web Site.
Neither CARE Ratings, nor its affiliates, nor their third party providers guarantee the accuracy, completeness, timeliness or availability of any information provided through this Web Site. CARE Ratings, its affiliates or their third party providers and their directors, officers, shareholders, employees or agents are not responsible for any errors or omissions, regardless of the cause, or for the results obtained from the use of such information. CARE RATINGS, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall CARE Ratings, its affiliates or their third party providers and their directors, officers, shareholders, employees or agents be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs) in connection with any use of such information even if advised of the possibility of such damages.
The ratings and credit related analyses of CARE Ratings and its affiliates and the observations contained in reports and articles published on this Web Site are statements of opinion as of the date they are expressed and not statements of fact or recommendations to purchase, hold, or sell any securities or make any investment decisions. CARE Ratings assumes no obligation to update any information following publication. Users of the information provided through this Web Site should not rely on any of it in making any investment decision. CARE Ratings opinions and analyses do not address the suitability of any security. CARE Ratings does not act as a fiduciary or an investment advisor. While CARE Ratings has obtained information from sources it believes to be reliable, CARE Ratings does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives. CARE Ratings keeps certain activities of its business units separate from each other in order to preserve the independence and objectivity of each of these activities. As a result, certain business units of CARE Ratings may have information that is not available to other CARE Ratings business units. CARE Ratings has established policies and procedures to maintain the confidentiality of certain non-public information received in connection with each analytical process.
The CARE Ratings Services business may receive compensation for its ratings and credit related analyses, normally from issuers or underwriters of securities or from obligors. CARE Ratings reserves the right to disseminate its opinions and analyses. CARE Ratings public ratings and analyses are made available on its Web sites, www.careratings.com (with or without charges) and may be distributed through other means, including via CARE Ratings publications and third party redistributors. Additional information about our ratings fees is available here.
5. LINKS TO OTHER WEB SITES FROM THIS WEB SITE.
You may, through hypertext or other computer links, gain access to Web sites operated by persons other than CARE Ratings. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such Web sites' owners. You agree that CARE Ratings is not responsible for the content or operation of such Web sites, and that CARE Ratings shall have no liability to you or any other person or entity for the use of third party Web sites. Except as described below, a hyperlink from this Web Site to another Web site does not imply or mean that CARE Ratings endorses the content on that Web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other Web sites to which you link from this Web Site. CARE Ratings assumes no responsibility for the use of third party software on the Web Site and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
6. TIMELINESS OF CONTENT
The Content displayed on the Web Site, including, but not limited to, reports and other opinions, is current as of the date appearing on the report and is subject to change without notice. Unless indicated otherwise, ratings are updated periodically by CARE Ratings to reflect changes in the market and other criteria. However, CARE Ratings does not guarantee or warrant the accuracy, timeliness, or completeness of any ratings you access using the Web Site, and assumes no obligation to update any information following publication.
7. THE USER'S CONTENT
The User grants to CARE Ratings the non-exclusive right to use all material entered into the Web Site by the User (other than third-party material transmitted through private electronic mail) in any of CARE Ratings or any of its affiliates print or electronic publications.
Users entering material into the Web Site are responsible for the content of that material. Neither CARE Ratings nor any of its affiliates has any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the CARE Ratings Web Site. However, CARE Ratings retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that CARE Ratings deems to be illegal, offensive, or otherwise inappropriate.
You may not input or distribute any material through the CARE Ratings Web Site that is promotional in nature, including solicitations for funds or business, without the prior written authorization of CARE Ratings.
The User agrees to indemnify CARE Ratings, its affiliates and any third party data providers, from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that CARE Ratings, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into the CARE Ratings Web Site with the use of the User's screen name or password.
8. ADDITIONAL LEGAL TERMS
Subject to applicable laws and regulations, CARE Ratings may discontinue or change the CARE Ratings Web Site, or its availability to you, at any time. The terms of this Agreement will survive any such discontinuation.
This Agreement constitutes the entire agreement between the parties relating to the Web Site and supersedes any and all other agreements, oral or in writing, with respect to the Web Site. The failure of CARE Ratings to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws in India. The parties agree that the Courts in Mumbai shall be the exclusive forums for any dispute arising out of this Agreement and the parties hereby consent to the personal jurisdiction of such courts.