PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Your license and use of the Website
- This Website and the Contents (defined hereinbelow) of this Website are solely for your private use.
- Subject to the terms of this Agreement. The services and Contents provided on the Website are the property of BananaIP Counsels and/or BananaIP Counsels’ licensors, and BananaIP Counsels grants you only a limited, non-exclusive, revocable license to make personal and non-commercial use of the Website unless agreed otherwise through an agreement.
- You shall not use this Website or its Contents in contravention of any regulation or legislation;
- You shall not copy, amend, reproduce or distribute the Contents, or disclose the content to third parties, other than in compliance with our Copyright Notice.
Intellectual Property Rights
- The copyright, trademark, patent or any other intellectual property rights in the Contents of our Website including, without limitation, text, logos, software, all designs, database, images, format, documents, video and links, graphic and written work and all other materials published on this Website (hereinafter collectively referred to as “Contents”) are owned by BananaIP Counsels or the respective third party entities as identified on the Website. No license or right is granted and your use of and/or the Contents and services therein shall not constitute by implication, estoppel or otherwise, any license or right of use. As such, you shall not reproduce, transmit, republish, upload, post, perform, broadcast, adapt, parody, distribute, display, license and/or alter in whole or in part any of the foregoing in any manner without the express permission from BananaIP Counsels.
- You must not use any part of the Contents on the Website for commercial purposes without obtaining express written permission from BananaIP Counsels.
- If You submit an article or any content on, or for the blog or other resources/services of BananaIP Counsels, You hereby agree to grant BananaIP Counsels a non-exclusive, royalty free, world wide, unlimited, sub-licensable license to reproduce, adapt, distribute, publicly perform, communicate to public, publicly display, and use the article and/or content for commercial or non-commercial purposes. You agree and understand that the license granted includes all intellectual property rights such as copyrights, trademark rights, publicity rights, privacy rights, patent rights, design rights, and so on that form part of the submission made by you, and You agree to expressly grant BananaIP Counsels the right to use your name, likeness and identity as part of the article/content or for other purposes related to it. You understand and agree that BananaIP counsels may assign or transfer this license to a third party or grant rights assigned under it to third parties.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENTS AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
- Website and its Contents are provided for general information purposes only. Nothing on the Website or its Contents, materials or information provided on the Website shall never be construed to constitute a legal or professional advice. BananaIP Counsels shall bear no liability or responsibility for any loss or damage sustained from reliance on the information or materials published on the Website or representations made in the blog. BananaIP Counsels are not responsible or liable for any matter relating to you or any third parties accessing or using this Website and its Contents. You are advised to contact us to find out more about the information or contents published on the Website. If you wish to get in touch with us, please feel free to email us at: [email protected]
- BananaIP Counsels does not endorse nor is responsible for the contents of websites operated by third parties that link to this website or that are accessible from it.
- The articles and views presented on BananaIP Blog are purely for information and academic purposes only. The views expressed therein are opinions/views of the respective authors and BananaIP Counsels does not warrant the accuracy of the information or views, and expressly disclaims all warranties with respect to the articles, views and opinions. BananaIP Counsels shall not be liable for any injury or damage caused to a person or losses or damages incurred by such person due to the information or views posted on the blog.
- BananaIP Counsels expressly disclaims any and all warranties with respect to the accuracy, authenticity and appropriateness of the Contents and information provided in the blog and Website.
- Any unauthorized representation or misrepresentation, of the BananaIP Blog, BananaIP Counsels Website trademark, whether honest or otherwise is strictly prohibited and may give rise to liability for civil and criminal action.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BANANAIP COUNSELS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE WEBSITE AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTIES THAT IS BEYOND THE CONTROL OF BANANAIP COUNSELS.
Representations and Warranties
- BananaIP Counsels represents and warrants that services and Contents of this Website is provided by the copyright holders and contributors “as is” and on an “as available” basis and BananaIP Counsels, its officers, directors, employees, and agents makes no warranties, and hereby disclaims any express or implied warranties, including, but not limited to, the implied warranties (collectively, “warranties”) of merchantability and fitness for a particular purpose. . In no event shall BananaIP Counsels, copyright holder or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Website, even if advised of the possibility of such damage.You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, BananaIP Counsels disclaims all warranties, express or implied, in connection with the Website, services, information and your use thereof.
- BananaIP Counsels makes no representations or guarantees and disclaims liability that the Website will be free from loss, destruction, damage, hacking or security intrusion, corruption, attack, any interruption or cessation of transmission to or from it’s services, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in any Contents or for any loss or damage of any kind incurred as a result of the use of any Contents posted, emailed, transmitted, or otherwise made available via the Website.
- BananaIP Counsels does not warrant, endorse, guarantee, or assume responsibility for any contents or services advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and BananaIP Counsels will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You should use your best judgment and exercise caution, interference, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website.
No guarantees, representations, or warranties are made with respect to use of the Website to be accurate, timely, reliable, uninterrupted, or without errors. BananaIP Counsels disclaims all liability and reserves the right to without prior permission to modify, suspend, or discontinue any part or all of the Website.
Law, Jurisdiction and Arbitration
- The interpretation and construction of these Terms shall be determined in accordance with laws and rules in force in India and shall be subject to the exclusive jurisdiction of the Courts in Bangalore and no other court.
- All disputes arising from these Terms under or in relation to this Terms shall be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the [Indian] Arbitration and Conciliation Act, 1996 (the “Act”) the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed there under and the place of Arbitration shall be Bangalore. The arbitration proceedings shall be conducted in English. The arbitrator’s award shall be final and undisputable by both Parties.
- If any provision in this Terms becomes invalid or illegal or adjudged unenforceable, the provision shall be deemed to have been severed from these Terms and the remaining provisions of this Terms shall not, so far as possible, be affected by the severance.
- The failure of BananaIP Counsels to enforce at any time any of the provisions of this Terms shall not be construed to be a waiver of its right, power, privilege or remedy or as a waiver of any preceding or succeeding breach on your part to this Terms nor shall any single or partial exercise of any right power privilege or remedy preclude any other or further exercise of such or any other right power privilege or remedy provided in this Terms all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to BananaIP Counsels at law or in equity.
Force majeure and act of third parties
- The performance of any part of this agreement by BananaIP Counsels shall be excused to the extent that such performance is hindered, delayed, or made impractical by flood, fire, war, or riot or any other cause beyond the reasonable control of BananaIP Counsels or act of any third party beyond the control of BananaIP Counsels including but not limited to hacking, data theft, unauthorised access to your account, impersonation, fraud, misrepresentation and so on.
- BananaIP Counsels may update, modify, suspend, discontinue or change any part of these Terms from time to time. The revised Terms will be posted at this link https://www.bananaip.com/terms-of-use/. You are encouraged to periodically check this page to stay informed about changes to our Terms. The revised Terms will be effective from the date stated on the revised Terms. If you disagree to any of the changes to the Terms, please refrain from accessing, using or availing the services of the Website. Your continued access or use or availing of the Website following the posting of revised Terms will indicate your acceptance and acknowledgement of the changes and you will be bound by it.
Take down notice
- If any comment, or post on the blog causes any inconvenience, or violates rights of any Person, BananaIP Counsels will take down the content after a preliminary review. Any Person aggrieved by anything written on the blog may send out a notice to [email protected], providing the link of the post, and indicating the reasons for take down.
Last Updated on: July 3rd, 2020