TERMS AND CONDITIONS FOR THE OPENING AND USE OF MESMER Programme Services:
- The Agreement
1.1 This Agreement sets out the complete Terms and Conditions
(hereinafter called "These Terms and Conditions") which shall be
applicable to MESMER Services.
1.2 These Terms and Conditions and any amendments or variations thereto
take effect on their date of publication.
1.3 You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations
- Definitions
2.1 In these Terms and Conditions, the following words and expressions bear the below meanings:
"Business Development Service": services that improve the performance of the enterprise, its access to markets, and its ability to compete.
"Credit": an agreement between a creditor (financial institutes/ lenders) and a borrower (enterprises) in which a loan is provided and to be paid back with interest.
"Due date" means the time marked as on time (active credit period) that includes 30 days from the date of credit issued.
"Enterprise" : It is a business, characterized by the legal status and number of employees, and total assets. For the purpose of this PIM, and aligned with the Ethiopian context, the enterprises are categorized into:
- Informal Enterprises for Grant (not loan): these are businesses with no legal licenses. They resemble micro-enterprises in terms of the way they operate and their assets. Businesses are managed mainly at the household level (homestead work premises) and mobile in nature for a lack of permanent work premises. Small scale Urban Agriculture operates in an informal way in periphery of urban areas, but the number of jobs (employees and jobs created across the value chain and total asset remain similar to, if not higher than, formal micro-enterprises.
- Start up : a newly formed business with a license and a TIN number. These are businesses that are operational from 0 – 1 year since they got their trade license.
- Micro Enterprises : are businesses employing up to 10 individuals and with total asset of less than or equal to 400,000 and 600,000 Birr for service, agriculture and industry sectors respectively.
- Small Enterprises : are businesses employing between 11 to 30 individuals and with total asset of between 600,001 to 10,000,000 Birr for industry sector and between 400,001 to 5,000,000 Birr for agriculture and service sector.
- Medium Enterprises : are businesses employing between 31 to 100 individuals and with total asset of between 10,000,001 to 90,000,000 Birr for industry sector and between 5,00,001 to 50,000,000 Birr for service sector.
Financial Institutions : are banks and microfinance institutions (MFIs).
Grant : It is a non-repayable fund disbursed by one party (in this case MasterCard Foundation) to recipients (in this case MSEs).
MESMER Program: is a 5-year program launched in October 2022 to support 72,200 MSMEs and 410,800 jobs by creating access to finance for micro, small and medium enterprises (MSMEs) to realize their growth prospects and resilience.
Psychosocial support : is a mechanism that promotes resilience within individuals to recover from and adapt to critical adversities in the long term.
Recovery (Conflict-affected) : the beneficiaries of recovery are targeted with the goal to help them recover from conflict with the intention of sustaining their business and jobs. The beneficiaries will receive psychosocial support (PSS), BDS training and grants.
Resilience and Growth : the beneficiaries of resilience and growth will be MSMEs and start-ups with the intention of facilitating credit access to MSMEs, and providing BDS training to get them on-track to bankability.
Risk : \
Site: "MESMER Site" means the online transaction platform owned and operated by MESMER Programme which provides a venue to the users of MESMER to access services listed on www.ethiomesmer.com
"User"/ "You" means and includes you and/or any person or an entity including using or accessing the services provided on this Site**.**
- Acceptance of the Terms and Conditions
3.1 Before applying to use MESMER services you should carefully read and
understand these Terms and Conditions which will govern the use and
operation of MESMER Site.
3.2 If you do not agree with these Terms and Conditions, please click
"Cancel" on the Menu.
3.3 You will be deemed to have read, understood, and accepted these
Terms and Conditions:
3.4 MESMER may at any time modify the terms and conditions ("Terms")
of the Service without any prior notification to you. You can access the
latest version of the Terms at any given time. You should regularly
\review the Terms. In the event wherein the modified terms are not
acceptable to you, you should discontinue using the service. However, if
you continue to use the service you agree to accept and abide by the
modified Terms. Your use of a Site after any amendment to the Terms of
Use shall constitute your acceptance of these terms and you also agree
to be bound by any such changes/revisions.
3.5 Upon clicking on the "Agree" option on the Menu requesting you to confirm that you have read, understood, and agreed to abide with these Terms and Conditions; and/or by using or continuing to use and operate MESMER Program Services.
- Data and Privacy Policy:
4.1 To avail of and use the Services you will have to register with MESMER with detail of your information like email-id, name, mobile/Telephone No, date of birth and other legal documents relating to your enterprise. As a part of registration process you agree to provide bank details etc.
4.2 You agree, understand and confirm that these details provided by you for availing of services offered by MESMER will be correct and accurate and you shall not use any documents which is not lawfully owned by you. You represent that you have valid rights and title in any and all Contents/ legal details that you submit on the Site, that you have not infringed on any right over the same belonging to any party and further that you will indemnify MESMER or its affiliates for all claims arising out of any content/ details that you post on the Site.
4.3 You further agree and undertake to provide the correct and valid credit card details to MESMER. MESMER will not be liable for any fraud cases. The liability fraudulent use will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. You acknowledge and agree that MESMER will preserve Content and the said information will be utilized, shared, and disclosed by MESMER with third parties when:
A) required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
B) comply with legal process, law, regulation or court order;
C) enforce the Terms and Conditions of this agreement;
D) respond to claims that any details that violates the rights of third-parties;
E) Facilitate the provision of grants/ credits with other Financial institution ;
- Eligibility criteria
5.1 MESMER program eligibility criteria for Grant:
A) Must be an informal enterprise
B) Enterprises must have been in operation for at least one year.
C) Businesses that are committed to deploying the grant fund to strengthen & grow the business
5.2 MESMER program eligibility criteria Credit
A) Must be a legally registered enterprise.
B) Must have renewed license and tax clearance
C) Enterprises must have been in operation for at least one year.
D) Businesses that are committed to deploying the credit fund to strengthen & grow the business
5.3 Priority is given to
A) Women-owned (at least 95%) and youth-owned (at least 70%) businesses.
B) Business in agriculture and manufacturing sectors.
5.4 Exclusion List for both Grant and credit
A) Enterprises pursuing other forms of non-repayable or relief grants and soft loans,
B) Enterprises that do not meet social, environmental, and governance compliance criteria,
C) Enterprises owned by the state or parastatal actors,
D) Enterprises with undue private benefits,
E) Enterprise with retrospective funding of activities,
F) Enterprises with funding of unlawful and political purposes
- Settlement of Disputes
Without prejudice to any provisions in the terms and conditions herein, any dispute or difference arising out of or touching this agreement shall be settled amicably.
- Force Majeure
MESMER shall have no liability to you for any interruption or delay in access to the Site AND service irrespective of the nature of the cause.
- Waiver and Severability
The failure of MESMER to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
- Indemnity:
You shall indemnify and hold harmless MESMER and its respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions.
- Acceptance of Privacy Policy
By using the site, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of MESMER site. We reserve the right, to modify this Privacy Statement at any time.
- Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof.
