Infringement Policy

landhaura.uttarakhandonline.in contains the trademark, logos, trade name, service marks and other marks (collectively "Marks") which are the intellectual property of landhaura.uttarakhandonline.in or their vendors or respective third parties. landhaura.uttarakhandonline.in uses the Marks of vendors and respective third parties procured from the owner and/or distribution channel. In doing so, landhaura.uttarakhandonline.in has no intention, whatsoever, to acquire rights of use or license to these Marks.

This Infringement policy helps in creating a safer platform by prohibiting the use of landhaura.uttarakhandonline.in portal for infringing the intellectual property rights of third parties or of the rightful owner. landhaura.uttarakhandonline.in policy requires sellers and buyers or users to comply with all governmental laws and regulations including but not limited to the Infringement policy as amended from time to time.

If you see something on landhaura.uttarakhandonline.in, which you believe is violating the intellectual property rights, please send an infringement intimation to landhaura.uttarakhandonline.in at - [email protected]

landhaura.uttarakhandonline.in will be unable to process requests which do not specify exact product IDs or URLs and the details which are specified below. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time.

How to report a listing

If you have a good faith belief that your IP right has been infringed by any of our users or anyone else on landhaura.uttarakhandonline.in, you may follow the below process and /or seek Legal advice.

We require that the Intellectual Property right owner or authorized representative provide the following details and email to the aforementioned email id.

The email should contain the below information:

  1. Identification or description of the Intellectual Property Rights that has been infringed.
  2. Unambiguous identification or description of where the material that you claim is infringing is located on landhaura.uttarakhandonline.in with adequate particulars - Page URL / Website Links of infringing products.
  3. Your address, telephone number and email address.
  4. A statement by you, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  5. Brand/Trade Name (in case of Trademark infringement)
  6. Details of the intellectual property being infringed (Provide copyrighted images or trademark certificates as attachments)
  7. Details/documents of legal proceedings initiated against the entities (infringing the Intellectual Property rights of the owner)

Grievance Redressal Policy:

landhaura.uttarakhandonline.in shall take all necessary steps and/or remove the infringed product/details from its portal within 15 (Fifteen) working days subject to verification of the details as given above and the nature of complaint.

COUNTERFEIT & PIRACY PREVENTION POLICY

A. Introduction:

1. We have adopted an Anti-Counterfeit & Piracy Policy to eliminate the impact of counterfeit and pirated products on our platform and our customers. We prohibit the sale or promotion for sale of counterfeit and pirated goods/service on our platform and have strengthened our framework to effectively combat the proliferation and sale of counterfeit and pirated products on our digital platform. This policy describes the ways landhaura.uttarakhandonline.in and its affiliates (collectively “landhaura.uttarakhandonline.in, we, our, us”) protect the rights of the owner, manufacturer, inventor, musician, author from the sale of counterfeit and pirated products on landhaura.uttarakhandonline.in or mobile app (hereinafter referred to as the “Platform”). This is a zero tolerance Policy against knowingly and intentionally trafficking, listings, displaying, uploading and selling counterfeit and pirated products on our platform.

2. This Policy is an electronic agreement formed under the Information Technology Act, 2000 and the rules and regulations made there under (as amended till date) including Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It does not require any physical or digital signatures to make the terms of this policy binding. This policy is a legally binding document. By visiting our Platform or registered with us, you expressly agree to be bound by the terms of this Policy and the other applicable Terms and/or policy. If you do not agree, please do not access or use our Platform/ Service.

B. Purpose:

1. To help mitigate the risk of counterfeit & pirated products;

2. To protect the legitimate interest of owners/right holders;

3. To assign responsibilities necessary to prevent the introduction of counterfeit & pirated products, at landhaura.uttarakhandonline.in by sellers/vendors and also its supply chain;

4. To encourage and create awareness of customers to purchase genuine products through authorized sources/ authorized distributor through landhaura.uttarakhandonline.in;

5. To facilitate the mechanism to report us about the counterfeit & pirated products on landhaura.uttarakhandonline.in;

6. To prevent the sale of counterfeit & pirated products at landhaura.uttarakhandonline.in’s platform which are illegal.

C. Applicability:

1. This policy governs each website, mobile site, application, and/or other service, regardless of how distributed, transmitted, published, or broadcast (“Service”) provided by landhaura.uttarakhandonline.in and/or its affiliates (“we,” “us,” or “our” or “landhaura.uttarakhandonline.in”) that links to this policy, which is binding on all those who access, visit and/or use landhaura.uttarakhandonline.in’s Service, whether acting as an individual or on behalf of an entity, including without limitation advertisers, creative & media agencies, analytics companies, survey/research vendors/sellers, employees, users, customers, partners, and other service providers (collectively, “you” or “your”). This policy shall apply equally to all vendors, service providers, contractors, subcontractors, partners, agents, representatives, suppliers, sellers, partners, customers, users, and any other third parties working on behalf of landhaura.uttarakhandonline.in or accessing or using our platforms/service. It also applies to the head office, branches office and other offices of landhaura.uttarakhandonline.in and all employees/officials of Pan India Internet Pvt. Ltd. This Policy is part of landhaura.uttarakhandonline.in’s Terms of Service.

D. Counterfeit & Pirated Goods/Products:

1. “Counterfeit Goods” means any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country. Counterfeit goods contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another. They mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner.

2. “Pirated Goods” means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the country.

3. Nature of Counterfeit & Pirated Goods/Products:

  1. Fakes, copies, or replicas of brand name Goods/Products;
  2. Electronics goods or accessories that use or bear the brand name, logo or trademark of a company that does not manufacture the goods/products;
  3. Bootleg recordings from concerts or other live shows;
  4. Unauthorized copies of movies, videos, software etc.,;
  5. Products described as replica, imitation, clone, fake, mirror image, or similar terms when referring to a brand name in an attempt to pass off as genuine products of the brand owner;
  6. Non-genuine products that imitate the characteristics of the brand in an effort to be promoted as the genuine product;
  7. Non-genuine products bearing a brand name, label or logo;

E. Responsibility of Sellers:

1. Products offered for sale on landhaura.uttarakhandonline.in must be authentic & genuine products. The sale of counterfeit & pirated products is strictly prohibited. The sellers/vendors or any person on their behalf shall not host, display, upload, modify, publish, transmit, update or sell Counterfeit & Pirated Goods/Products while using our services and also inter-alia do the following:

  1. Do not knowingly procure, list or sale the Counterfeit & Pirated Goods/Products;
  2. Promote the actual, genuine and authentic products on our platform in the ads/promotion/listing service;
  3. To source & sell only genuine and authentic products;
  4. Do not bootleg, fake or pirated copy of products or content;
  5. Do not sell the products that have been illegally replicated, reproduced or manufactured; and
  6. Do not sell the products that infringe another party’s intellectual property rights;
  7. Do not sell or publish the Bootleg recordings from concerts or other live shows on our platform;
  8. Do not sell or publish the unauthorized copies of movies, videos, software etc., on our platform;
  9. Do not sell or publish the Fakes, copies, or replicas of brand name Goods/Products on our platform;
  10. Do not sell or publish the Electronics goods or accessories that use or bear the brand name, logo or trademark of a company that does not manufacture the goods/products;
  11. Do not sell or publish the Non-genuine products that imitate the characteristics of the brand in an effort to be promoted as the genuine product, on our platform.

F. Failure to Comply with this Policy:

1. We are permanently enforcing our strategy to seek customer and supplier co-operations for our anti-counterfeiting and piracy policy. landhaura.uttarakhandonline.in is not knowingly doing business with manufacturers/sellers who involve in manufacturing/selling of counterfeit & pirated products.

2. If the sellers sell or supply inauthentic or fake products and the same are brought to the knowledge of landhaura.uttarakhandonline.in, landhaura.uttarakhandonline.in may, at its sole discretion, initiate, inter-alia, the following actions against the vendors/sellers:

  1. Immediately suspend or terminate the service and de-list/remove the Counterfeit & Pirated Goods/Products from our platform;
  2. Destroy any inauthentic or counterfeit & Pirated Goods/Products in our possession at your expense;
  3. Withhold your Security Deposit, Service Fee, Sale Proceeds etc., if we determine that our service has been used to sell Counterfeit & Pirated Goods/Products;
  4. We will also initiate the legal action against the Sellers, if required;

G. landhaura.uttarakhandonline.in’s Right:

1. We work with manufacturers, rights holders, content owners, vendors and sellers to improve the ways we detect and prevent inauthentic, Counterfeit & Pirated Goods/Products from reaching to the landhaura.uttarakhandonline.in’s users.

2. We also work with rights holders and law enforcement agency to take and support legal action against sellers who knowingly violate this policy and selling the Counterfeit & Pirated Goods/Products to the users/customers through our platform.

3. We review, audit and validate the products listings periodically and if we find any Counterfeit & Pirated Goods/Products listings, we remove the said suspect listings based on our review and audit of products.

4. If we receive the complaint from users or rights owners regarding the Counterfeit & Pirated Goods/Products, we will promptly investigate and take all appropriate actions to protect customers, sellers and rights holders.

H. Report Us:

1. landhaura.uttarakhandonline.in does not use, nor condone the use of counterfeit products. We also expect our sellers to adhere to our ethical business standards and our practices and procedures. We strictly prohibit selling of counterfeiting, pirated or illegal products by any person at our platform. If any person is selling of counterfeiting, pirated or illegal products, then, as and when the same is bought to our notice, we leave no stone unturned to initiate a necessary action in that context.

2. If you find anything on our platform, or if you believe that any particular products of seller or any particular seller are selling the Counterfeiting, Pirated or illegal Products, you can report to us, in accordance with our Infringement Policy, along with supporting documents/evidence to support your claim enabling us to validate your allegations.

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