INTELLECTUAL PROPERTY RIGHTS POLICY
Lifelong Online Retail Private Limited, a company incorporated under Companies Act, 2013 with CIN U52100DL2015PTC287393 and having its registered office at 05th Floor, Unit No- 508, DLF South Court, Saket District Center, Saket, New Delhi- 110017, India (“Lifelong Online Retail”) owns and operates www.https://www.lifelongindiaonline.com (“Website”). Lifelong Online is conscious of and is committed to helping people and organizations protect their Intellectual Property.
Intellectual Property includes the following:
“Trade Marks” i.e. a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from the others and may include service marks, logos, designs, trade dress, shape of goods, their packaging or combination of colours, as are duly registered and/or pending registration under the Trade Marks Act, 1999.
“Copyrights” in, copyrighted works and copyrighted materials i.e. literary, dramatic or musical work or artistic work, owned, acquired or validly licensed to any person in terms of the Copyright Act, 1957.
Other intellectual property rights legally valid and recognised in India such as trade secrets, proprietary know-how, any patentable or non-patentable inventions, discoveries or any modifications, adaptations, derivatives or improvements of each of the above.
PROTECTION OF INTELLECTUAL PROPERTY
Copyright in the Website belongs to Lifelong Online Retail. The Website contains the trademark “Lifelong”, other trademarks, logos, trade name, service marks and other marks (collectively “Marks”) which are the Intellectual Property of Lifelong Online Retail or its vendors or respective third parties. Lifelong Online Retail uses contents, pictures, photographs and Marks of various vendors and third parties procured from the owner and/or distribution channel who might not be the original owners of Intellectual Property rights therein. All items and photographs advertised / listed and the contents therein are received by Lifelong Online Retail from vendors and are third party user generated contents. In this regard, Lifelong Online Retail shall not be liable and responsible for any actions or inactions of the vendors nor any breach of any third party intellectual property rights of the sellers or manufacturers or owners of the products and hereby expressly disclaim any and all responsibility and liability in this regard.
The users of the Website should assume that standard Intellectual Property rights protection applies to all materials and contents displayed on the Website. Any redistribution, modification or reproduction of part or all of the contents featured on the Website in any form is prohibited.
You are not permitted, except with the express written consent of Lifelong Online Retail, to distribute or commercially exploit the contents or use the Marks displayed on this Website. You are also prohibited from transmitting the contents or storing it in any other website or in other form of electronic retrieval system.
All copyright, Marks, domain name, trade dress including the “look and feel” of the Website, its text, graphics, button icons, interfaces, etc., and the arrangements thereof, is the property of Lifelong Online Retail or its vendors or the third party, as the case may be, unless otherwise indicated. All the contents are protected under copyright, trademark and other applicable Intellectual Property laws and may not be used by you, except as permitted by Lifelong Online Retail, its vendors or the concerned third party.
To facilitate and assist people and organizations protect their Intellectual Property rights and as a trust building exercise between Lifelong Online Retail and the users of the Website, Lifelong Online Retail has put in place a Protection of Intellectual Property Program (“PIP Program”) to identify and remove infringing or unlicensed items and material listed on the Website if an owner of Intellectual Property reports to us.
Reporting – PIP Program
Who can report to us?
You may report to us if you are the owner/valid licensee of an Intellectual Property in any content available/uploaded on the Website without your consent, or you believe that your content has been copied/misused in any way that constitutes infringement of your Intellectual Property rights. In case you are not the owner of the Intellectual Property, you can still help by getting in touch with relevant owner and encourage them to contract us.
How to report?
You (the owner/licensee of Intellectual Property or any authorise representative of owner/licensee of Intellectual Property) are required to email us at legal @lifelongindia.com, a Notice of Infringement form specifying the allegedly infringing listings on our Website along with following details:
Your personal details:
- Constitution i.e. Individual/Company/LLP
- Registration number (if any)
- Residential/Registered Address
- Name and designation of authorised representative (applicable for persons other than an individual) along with certified true copy of document evidencing the authority
- Contact Details i.e. email id, phone/fax number
- Link of the product appearing on the Website which infringes your Intellectual Property rights;
- Details of the product which infringes your Intellectual Property rights;
- Details of your Intellectual Property rights existing as on date in India along with registration/application details, if any; and
- Reasons for comprehending that the products in question violate your Intellectual Property rights and the basis of your decision such as test purchases, laboratory reports or such similar documentary proof.
Actions that Lifelong Online Retail will take on receipt of a Notice of Infringement
If Lifelong Online Retail is satisfied with the veracity and genuineness of a duly filled and complete Notice of Infringement, Lifelong Online Retail shall:
- Immediately delist the infringing products from the Website;
- Bar the relevant vendor/merchant/advertiser from accessing and transacting over the Website including listing of their products;
- Provide all details of the relevant vendor/merchant/advertiser of the infringing products to the person submitting the Notice of Infringement; and
- Provide, in its sole discretion, all reasonable cooperation and assistance to the person submitting the Notice of Infringement in taking appropriate action against the relevant vendor/merchant/advertiser.
Consequences of incomplete/frivolous reporting
If the Notice of Infringement is incomplete in any manner or Lifelong Online Retail is of the opinion, in its sole discretion, that the Notice of Infringement is frivolous and/or fake, Lifelong may not take any actions as stated above and may report to the concerned vendor/merchant.
If you believe that a report made against you is frivolous, you may intimate us about the same along with documentary proof thereof (“Withdrawal Claim”). However, Lifelong Online Retail will re-list your products on the Website only if it is satisfied, in its sole discretion, of the genuineness of your Withdrawal Claim. Lifelong Online Retail may require you to provide such information or documents, as it may deem fit for the purpose (including without limitation a final order of a court of competent jurisdiction, a withdrawal of claim letter of the person who alleged infringement against you etc.)
You acknowledge that Lifelong Online Retail will exercise its discretion based on the documents and information provided by you and shall not independently verify the genuineness of you claim. Accordingly, Lifelong Online Retail shall not be held liable in any manner for any act/omission, so far as Lifelong Online Retail exercises reasonable and due diligence with respect to any Notice of Infringement and/or a Withdrawal Claim. You acknowledge that Lifelong Online Retail shall not be liable for not taking any action, if the Notice of Infringement is incomplete and/or adequate information is not provided with a Withdrawal Claim.
Lifelong Online Retail’s Limitation of Liability
PIP Program has been launched by Lifelong Online Retail to merely facilitate and assist people and organisations to protect their Intellectual Property rights. As mentioned above, Lifelong Online Retail is a mere technology and infrastructure service provider. Lifelong Online Retail provides merely platform to buyers and sellers to conclude their transactions online.
Lifelong Online Retail neither guarantees protection nor is responsible for infringement of Intellectual Property rights of any person. We are providing www.https://www.lifelongindiaonline.com as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Lifelong Online Retail is not responsible for the actions, content, information, or data of third parties and you release us, our shareholders, directors, officers, employees, and agents from any direct and/or indirect claims and damages, known and/or unknown, arising out of or in any way connected with any claim you have against any such third parties.