TM-Finder is service brought to you by
Siddhast Intellectual Property Innovation (P) ltd
Lower Ground Floor, True value concept
STATES THAT IT IS A INDEPENDENT COMMERCIAL INFORMATION PROVIDER AND NOT RELATES WITH ANY GOVERNMENT INTELLECTUAL PROPERTY OFFICE OF THE WORLD INCLUDING AND NOT LIMITED TO WIPO, USPTO, JAPAN PATENT OFFICE, KOREA PATENT OFFICE, CHINA PATENT OFFICE, INDIAN PATENT AND TRADEMARK OFFICE
BEFORE ACCESSING THIS PORTAL YOU ARE ADVISED TO READ TERMS AND CONDITION AGREEMENT PUBLISHED ON THIS WEBSITE WHICH CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Terms and Conditions
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
WARRANTY DISCLAIMER. M/S Siddhast DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE M/S Siddhast SERVICE OR ANY INFORMATION CUSTOMER OBTAINS THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE INFORMATION IS ACCURATE OR COMPLETE. THE M/S Siddhast SERVICE DATABASES AND THE INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, M/S Siddhast DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE OF THE DATABASES. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE ARE ASSUMED BY THE CUSTOMER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY M/S Siddhast SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
LIMITATION OF LIABILITY. M/S Siddhast WILL NOT BE LIABLE TO CUSTOMERS OR ANYONE CLAIMING UNDER OR THROUGH A CUSTOMER FOR ANY LOSS, INJURY, CLAIM, DAMAGE OR LIABILITY OF ANY KIND RESULTING IN ANY WAY FROM (A) CUSTOMER'S USE OF THE M/S Siddhast SERVICE; (B) ERRORS OR OMISSIONS IN THE INFORMATION; (C) FAILURES OR INTERRUPTIONS IN DELIVERY OF THE INFORMATION OR UNAVAILABILITY OF ALL OR ANY PORTION OF THE INFORMATION; OR (D) CONTINGENCIES BEYOND THE CONTROL OF M/S Siddhast. FURTHER, IN NO EVENT SHALL M/S Siddhast BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY CUSTOMER IN RELIANCE UPON SUCH INFORMATION RETRIEVED FROM THE DATABASES OR ANY FUTURE M/S Siddhast SERVICE. M/S Siddhast WILL NOT BE LIABLE, NOR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE SHALL BE LIABLE, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF M/S Siddhast HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES SOLE RESPONSIBILITY FOR ALL USE OF THE M/S Siddhast SERVICE AND AGREES TO INDEMNIFY AND HOLD M/S Siddhast HARMLESS FROM ANY LIABILITY OR CLAIM OF ANY PERSON ARISING FROM CUSTOMER’S USE OF THE INFORMATION.
No print out or electronic version of any part of our Website, Content, Service, may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Any cause of action concerning the M/S Siddhast service or the information, or this M/S Siddhast Agreement, must be commenced within six (6) months after such cause of action has occurred.
M/S Siddhast Internet Service. hereby grants to the Customer the non-transferable, non-exclusive right to gain computerized access to the M/S Siddhast service, pursuant to the terms and conditions set forth herein. The rights granted herein may not be sublicensed, assigned or transferred by Customer in any manner whatsoever, and any attempted assignment or transfer shall be null and void and of no force and effect. Appropriate use of the M/S Siddhast service by the Customer is a determinant condition of the present Agreement. In particular, the following are strictly prohibited (i) the use of robots, automated intelligence agents, or any automated device in order to access the M/S Siddhast service and retrieve information from it; (ii) the systematic downloading of any M/S Siddhast database or significant segments of any M/S Siddhast database. Any such improper usage of the M/S Siddhast service will be deemed abuse and will result in suspension or cancellation of Customer access to the M/S Siddhast service. Customer shall provide its own terminal, modem or any other equipment or software necessary to access the M/S Siddhast service. Customer shall be responsible for assuring that its equipment is compatible with access requirements for the Internet, its Internet access provider, and for the M/S Siddhast service. Customer agrees to be solely responsible for its access to the Internet. Any effect on service provided by Customer's Internet carrier, including the availability or response time of service is not the responsibility of M/S Siddhast. Further, M/S Siddhast is in no way responsible for the theft of information from the Customer or the M/S Siddhast service by unauthorized users.
Ownership Rights. Customer acknowledges that M/S Siddhast and/or its Suppliers retain all right, title and interest under the applicable copyright laws in the information from various databases contained therein (the "Information"). Customer further acknowledges that this Agreement grants Customer a limited license, in exchange for payment of the fees and charges established in this Agreement, to (i) receive electronic copies of the Information and (ii) make paper copies of the Information for Customer's internal use. Nothing in this Agreement shall be construed to grant Customer the right to redistribute electronic or paper copies to any third party without the prior written consent of M/S Siddhast, unless otherwise required to do so by statute or regulation. The Customer commits not to use the Information to build or feed an electronic commercial information service. The copyright in the Information and any hard copy or visual representation of Information obtained from M/S Siddhast belongs to M/S Siddhast or its Suppliers save as otherwise indicated in relation to individual third party data providers. Customers may not use the M/S Siddhast Service or any part thereof except in the ordinary course of their own business (not including redissemination, recirculation or republication) and may not transfer, retransmit, duplicate or resell the Information, except as provided herein. Customer shall abide by all laws, rules and regulations applicable to the use of the Information and all other restrictions. Customer hereby grants to Suppliers the right to enforce or assert the provisions of this Agreement on their own behalf.
Products and Services. Customer agrees that M/S Siddhast reserves the right to change or modify the M/S Siddhast service (including features) without notice. M/S Siddhast will, from time to time, publish on its web site notices concerning the M/S Siddhast service, or make available this information by other means. These notices may be amended and updated by M/S Siddhast within its discretion, and shall be deemed to be part of this Agreement as if fully set forth herein.
Customer Account and User ID's. M/S Siddhast will issue to Customer an account number and one or more User ID's, such number to be determined at M/S Siddhast's discretion. Where applicable, Customer agrees that the User ID is valid only at the location for which it is issued. Customer is responsible for the confidentiality of its User ID's. All terms and conditions of this Agreement apply to all User ID's issued under this Agreement, and Customer agrees to assume full responsibility for compliance with the terms and conditions of the Agreement, including payment for any charges incurred resulting from the use of Customer's User ID's by anyone, and for maintaining security and confidentiality with regard to all such User ID's. If Customer becomes aware of any unauthorized usage of its account, Customer shall notify M/S Siddhast immediately by calling its Help Desk number listed on the front page and shall confirm the notifications with any details it may have in writing, either online, or in paper format, to M/S Siddhast. Customer shall not be responsible for charges against its User ID incurred after M/S Siddhast has received such notice. M/S Siddhast will not disclose information concerning the Customer which may directly or indirectly allow third parties to be aware of research conducted by the Customer.
Term of the Agreement. The initial term of this Agreement shall commence on the start date specified on the first page hereof, provided it is signed by both parties, and continue for a period of twelve (12) months save as otherwise provided for on the first page hereof ("Initial Term"). Thereafter, this Agreement shall automatically renew for subsequent one year periods ("Renewal Term") unless either party gives the other written notice of termination at least thirty (30) days prior to the end of the Initial Term or Renewal Term, as the case may be. Notwithstanding the foregoing, M/S Siddhast may cancel this Agreement with thirty (30) days prior written notice to the Customer.
If either party shall default in the performance of any material provision contained in this Agreement, and such default shall not have been cured within thirty (30) days after written notice thereof shall have been given to the defaulting party, the party giving such notice, in addition to any other rights and remedies available in law or equity, may then immediately terminate this Agreement.
Charges. Payments. Suspension of User ID's. M/S Siddhast shall invoice the Customer for all M/S Siddhast services rendered to Customer and all applicable taxes. All rates are in INR and are exclusive of taxes. Form part of this Agreement : (i) services and modules selected in the form “M/S Siddhast Online Searching”; Customer will be invoiced at the beginning of the subscription period. Payment is due upon receipt of the M/S Siddhast invoice. Any question or dispute concerning an invoice must be submitted in writing by facsimile or mail, by Customer within thirty (30) days after the date of invoice. All payments must be made in the currency in which the invoice is rendered. Amounts remaining unpaid for more than thirty (30) days from the date of invoice therefore shall be subject to an additional charge of 1.5% per month or the highest rate permitted by law, which ever is less. Customer agrees to pay the cost of collection of delinquent accounts including reasonable attorneys' fees. In addition M/S Siddhast may, at its sole discretion and without notice to Customer, suspend or cancel Customer's User ID's if charges are not paid when due, or if Customer is otherwise in breach of the material terms and conditions of the Agreement. A suspended or cancelled User ID may be reinstated only with the approval of M/S Siddhast and may be subject to an additional service charge.
M/S Siddhast Watch (Alerts) Module.
The following terms and conditions apply in the event the M/S Siddhast Watch module has been selected and form part of the M/S Siddhast Subscription Contract.
The use of the M/S Siddhast Watch module occurs through the User ID’s defined in the M/S Siddhast User IDs form. The total maximum number of Alerts is defined in the M/S Siddhast Subscription Contract. An Alert is defined as a Customer established search criteria that will be searched for in each update against a Customer established selection of M/S Siddhast databases. A notification will be sent to a Customer established email address(es) for all new records that match the search criteria.
Each Alert may not exceed a maximum number of one thousand (1,00) records per week. M/S Siddhast retains the right to request that Customer modify or delete Alert(s) that exceed the maximum number of references defined in the Agreement. Customer must make changes to bring Alerts within subscription within five (5) days of M/S Siddhast request. Should Customer fail to make requested changes, then M/S Siddhast retains the right to make any necessary changes to bring Customer Alerts within subscription limits, including modification or deletion of Customer Alerts.
The total maximum number of Alerts may be increased at any time upon written request from Customer abiding by the terms and conditions provided herein. Additional Alert will be given the same Initial or Renewal Term as provided in the M/S Siddhast Subscription Contract. Customer will be charged a prorated amount based on the month in which new Alerts were added to the M/S Siddhast Subscription Contract.
M/S Siddhast Legal Status watch Service.
M/S Siddhast shall invoice the Customer for all Watch Legal Status services rendered to Customer within the context of M/S Siddhast Subscription Contract and all applicable taxes. The number of Watch Legal Status may be increased at any time by Customer insofar as abiding by the terms and conditions herein. Customer will be invoiced at each initial term of twelve (12) months and at each renewal term of twelve (12) months of a Legal Status alerts according to applicable rates. Any started initial term or renewal term is due. All rates are in INR and are exclusive of taxes and are published on the www.M/S Siddhast.com site.
In case of termination or non-renewal of the Subscription Contract, the Customer will not have access anymore to M/S Siddhast Watch Legal Status service except if the Customer signs a M/S Siddhast Watch Legal Status Contract.
Entire Agreement. This Agreement constitute the entire agreement of the parties and supersedes any proposal or prior agreement between the parties with respect to the subject hereof. The Agreement is subject to acceptance by an authorized representative of M/S Siddhast. As used in this Agreement, M/S Siddhast means the parent company M/S Siddhast, its subsidiaries and affiliates. Prior to the execution of this Agreement, employees of M/S Siddhast may have made oral statements about the M/S Siddhast service or the information. Such statements do not constitute warranties nor guarantees, shall not be relied on by the Customer, and are not part of this Agreement.
Modification of Agreement. M/S Siddhast, upon publication on its web site, or by other written notice, may modify the terms and conditions of this Agreement respecting the M/S Siddhast service, at any time, and all such changes shall be effective immediately when published by M/S Siddhast; however, M/S Siddhast shall provide notice to Customer in advance of or concurrent with the effective date of such changes. M/S Siddhast may adjust the service fixed fee for each Renewal Term. This Agreement is immediately terminable by Customer upon written notice thereof to M/S Siddhast if any such change is unacceptable to Customer. Customer's continued use of the M/S Siddhast service following publication of a change shall be conclusively deemed acceptance of such change. In the event that Customer issues a purchase order or similar instrument, it is understood that the purchase order is for Customer's internal accounting purposes only and in no way changes, modifies, adds or deletes any of the terms of this Agreement. If Customer's purchase order provides time, money and or usage limitations, it is Customer's responsibility to monitor its use of the M/S Siddhast service to insure that it does not exceed those limitations.
Miscellaneous. The provisions of this Agreement are for the benefit of M/S Siddhast and its licensors, employees, and agents, and each shall have the right to assess and enforce such provisions directly on its own behalf., This Agreement shall be governed by and construed in accordance with the laws of the Republic of India, applicable to agreements made and performed in the state of Delhi. M/S Siddhast and the Customer agree to do their best to settle their eventual difference relating to the Contract out of court. If no amicable arrangement has been found, the parties agree to submit their difference to the competent court. If any provision of this Agreement shall be determined to be void, invalid, unenforceable or illegal for any reason, the validity and enforceability of all the remaining provisions shall not be affected thereby. The failure of either party to exercise of its rights hereunder for a breach hereof shall not be deemed to be a waiver of such rights nor shall the same be determined to be a waiver of any subsequent breach.