Intellectual Property Policy
Company (as defined in the Terms & Conditions) respects all third party intellectual property. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please refer to the procedure for registration of a complaint mentioned herein below.
To facilitate and assist people and organizations protect their intellectual property rights and as a trust building exercise between Company and its users, the Company has put in place this Intellectual Property Policy ("IP Policy") to identify and remove infringing or unlicensed items and material listed on its Platform (as defined in the Terms & Conditions) when an owner of intellectual property reports such infringement to us. The IP Policy is made in compliance with the applicable Indian Laws.
1. Intellectual Property
For the purpose of this IP Policy,"Intellectual Property" includes the following:
2. Eligibility to Report
If you are the owner/valid licensee of any Intellectual Property in any content ("IP Owner") available/uploaded on Platform without your consent, or you believe that your content has been copied/misused in any way that constitutes infringement of your Intellectual Property rights, you may report the same to Company.
3. Procedure to report Intellectual Property right infringement
3.1 IP Owner is required to email us at email@example.com; a notice of infringement in the format set out in SCHEDULE I here to ("Notice Form") specifying the allegedly infringing listings on Platform.
3.2 Company, on receipt of the Notice Form, may satisfy itself with the (a) genuineness of a duly and completely filled Notice Form and (b) the veracity thereof. Basis the same, Company may:
IP Owner understands that by submitting Notice Form, IP Owner grants to Company, the right to inter alia forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Company for all claims brought by a third party against Company arising out of or in connection with the submission of a Notice Form.
5. Consequences of Incomplete/Frivolous Reporting
5.1 If the Notice Form is incomplete or Company opines (in its sole discretion) that the Notice Form is frivolous and/or fake, Company may not take any action as stated above and may, if it deems necessary, report to the relevant supplier/reseller/vendor/merchant/advertiser.
5.2 If relevant supplier/reseller/vendor/merchant/advertiser believes that a report against it is frivolous, such relevant supplier/reseller/vendor/merchant/advertiser may intimate Company about the same along with documentary proof thereof ("Counter Claim").
5.3 Company may reactivate the account of such relevant supplier/reseller/vendor/merchant/advertiser and list the products on the Platform if Company is satisfied, in its sole discretion, of the genuineness of such Counter Claim. Company may require such supplier/reseller/vendor/merchant/advertiser to provide such information or documents, as it may deem fit for the said purpose.
5.4 You acknowledge that Company will exercise its discretion based on the documents and information provided by you and shall not independently verify the genuineness of your claim. Accordingly, Company shall not be held liable in any manner for any act/omission, so far as Company exercises reasonable and due diligence with respect to any Notice Form and/or a Counter Claim.
5.5 You acknowledge that Company is not a statutory or judicial body and may act or omit to act basis the documents provided to it either by an alleged IP Owner or relevant supplier/reseller/vendor/merchant/advertiser. You accordingly, acknowledge that Company shall not be liable for any such action or omission.
FashNear Technologies Private Limited
I/We, [__] [insert name] (s/d/o or a company/LLP registered under the Companies Act, 1956/2013/ Limited Liability Partnership Act 2008) residing at /having registered office at [__] [insert address], through authorised representative Mr. [__] [insert name and designation], authorised vide [__] [insert details of Board Resolution, if any] do solemnly and sincerely declare as follows.