Welcome to the IP Management System (IPMS) of BananaIP Counsels LLP ("BananaIP" or "BananaIP Counsels"), accessible via www.iplantain.com/bananaip. These Terms of Use govern your access and use of the IPMS, which is accessible only to authorized employees and associates of BananaIP to perform their duties/responsibilities, and to authorized clients to monitor the status of their files.
1. Acceptance of Terms
By accessing and using the IPMS, you acknowledge and agree to these Terms of Use and all applicable agreements executed by you with BananaIP, laws in force, rules, policies, and regulations, which form an integral part of these terms of use ("Agreement" or "terms of use"). If you do not agree to these terms, you must not access or use the IPMS.
2. Access Restrictions
Access to the IPMS is strictly limited to:
- Employees and Associates: Authorized only to use the IPMS to carry out their work-related duties. You may not share your access details, any information or data from the IPMS with anyone, internally or externally, without explicit authorization.
- Clients: Clients are granted access solely for reviewing the status of their files. Clients are not permitted to download, copy, or share any data from the IPMS without prior authorization from BananaIP in writing.
3. License and Use Restrictions
You are granted a limited, non-exclusive, revocable license to access the IPMS in accordance with these terms, and specific permissions given to you as an employee, associate, or client of BananaIP.
The IPMS and its contents are intended solely for the designated operational and monitoring purposes specified herein, or advised otherwise by BananaIP, and shall not be used for any other purpose.
You shall not use the IPMS or its Contents in contravention of any agreement with BananaIP, regulation or law in force.
You shall not copy, amend, reproduce or distribute the Contents, or disclose the contents to any person without prior permission of BananaIP.
4. Intellectual Property Rights
The copyright, trademark, patent or any other intellectual property rights in the IPMS or the Contents of our IPMS 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 IPMS (hereinafter collectively referred to as “Contents”) are owned by BananaIP Counsels or the respective third party entities as identified on the IPMS. No license or right is granted and your use of and/or the IPMS, 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.
5. Confidentiality
You must maintain the confidentiality of the IPMS and its features, and all information and data accessed through the IPMS. Unauthorized disclosure or misuse of the IPMS data is strictly prohibited and may result in disciplinary action, termination of access, legal action, and other penalties.
6. Disclaimer
Information provided through the IPMS may not be fully accurate. Clients should contact BananaIP directly for an accurate and correct report of their files.
THE IPMS, INCLUDING, WITHOUT LIMITATION, ALL CONTENTS AND SERVICES ACCESSED THROUGH OR VIA THE IPMS, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS.”
IPMS and its Contents are provided for information purposes only. Nothing on the IPMS or its Contents, materials or information provided on the IPMS shall ever be construed to constitute legal or professional advice. BananaIP Counsels shall bear no liability or responsibility for any loss or damage sustained from reliance on the information or details provided on the IPMS. BananaIP Counsels is not responsible or liable for any matter relating to you or any third parties accessing or using this IPMS and its Contents. You are advised to contact us to find out more about the information or contents published on the IPMS. If you wish to get in touch with us, please feel free to email us at: satheesh@bananaip.com
7. No Warranty
IPMS, Services and Contents of this IPMS are provided as is” and on an “as available” basis and BananaIP Counsels, its officers, directors, employees, and agents make 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 IPMS, even if advised of the possibility of such loss or damage.
You agree that your use of the IPMS 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 IPMS, related services, information and your use thereof.
BananaIP Counsels makes no representations, warranties or guarantees and disclaims liability that the IPMS will be free from loss, destruction, damage, hacking or security intrusion, corruption, attack, any interruption or cessation of transmission to or from its services, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the IPMS 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 IPMS.
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 while accessing or using third party services or Contents.
No guarantees, representations, or warranties are made with respect to use of the IPMS to be accurate, timely, reliable, uninterrupted, or without errors. BananaIP Counsels disclaims all liability and reserves the right to modify, suspend, or discontinue any part or all of the IPMS, Contents or services without prior permission.
8. Limitation of Liability
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 IPMS 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.
9. Modifications to Terms
BananaIP reserves the right to modify these Terms of Use at any time. Changes will be effective immediately upon posting on the IPMS portal, and your continued use of the IPMS constitutes acceptance of those changes.
10. Governing Law and Jurisdiction
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 at Bangalore.
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 (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.
11. Severability
If any provision in this Terms becomes invalid or illegal or is 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.
12. Waiver
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.
13. 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.
14. Privacy Policy
Any personal information you share on the IPMS will be governed by the privacy policy available at: www.iplaintain.com/bananaip. Please read the privacy policy carefully before accessing or using this IPMS and/or sharing any personal or personally identifiable information. The privacy policy shall form a part of this terms of use governing the IPMS.
15. Grievances
If you have any grievances, you may contact BananaIP Counsels at:
Details of Grievance Officer:
Satheesh Kumar R,
Email: satheesh@bananaip.com
Tel: 91-80-26860414/24/34
Last Updated on April 23, 2024.
