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Take down Policy
Since Kotlie is an online market place and an intermediary as defined by applicable law, Kotlie is not obliged to monitor or
control the Products being sold on www.Kotlie.com ("Website") or monitor or control any other content on the Website.
However Kotlie at its discretion and in accordance with applicable law may choose to monitor any
Products or other content and may remove any such content from the Website if Kotlie determines in its sole discretion that such
content is in violation of Kotlie's policies or any applicable law.
Report Of Violations Of Kotlie Policy Or Law
If you believe that there is any content available on the Website which is contrary to Kotlie's policies or applicable law ("Objectionable Content"),
then please notify to the Kotlie Grievance Officer at the email id provided in Kotlie Privacy Policy ("Objectionable Content Notice").
When you send such Objectionable Content Notice, please ensure that your notification contains the following details:
Your name, email id, phone number and postal address
The exact nature of the Objectionable Content (such as whether the Objectionable Content is a Product being sold by a Seller on the Website or is a Product review or a Product description)
The exact location (including the relevant web page) where the Objectionable Content appears
Why do you consider the content to be objectionable?
Report Of Violations Of Your Intellectual Property Rights
Kotlie also respects the intellectual property rights of all entities. If you believe that your intellectual property rights have been violated in any
manner, please fill out and submit the Notice of Infringement of Intellectual Property Form ("IP Infringement Notice") provided in the annexure below.
Please send the duly filed out IP Infringement Notice via email to [email protected]. Any incomplete or improperly filled out document may not be considered.
When You send us an Objectionable Content Notice or and IP Infringement Notice (collectively referred to as "Notice(s)"
You declare that all statements made by you are true;
You acknowledge and agree that we may share your Notice to third parties including the parties involved in the allegedly
objectionable activities / infringing activities, our group companies, our advisors and other third parties;
You agree to indemnify Kotlie and its group companies against all claims which may arise in connection with such a Notice being made by You.
Once we receive a Notice
We will evaluate the contents of the Notice
We may take such action as we deem appropriate in keeping with our policies and applicable law which may include,
asking further details from you or taking down the content that was the subject matter of Your Notice.
To report infringement of trademark/copyright/design on www.Kotlie.com
Notice of Infringement
Kun+Nous Design Associates L.L.P
_______________________
_______________________
I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:
I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").
I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner,
its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.
I may be contacted at:
Name ___________________________________________________________
Title & Company ________________________________________________________
Address _________________________________________________________
Email (correspondence) ___________________________________________________
Telephone/Fax _____________________________________________________________
Date _________________________________________________________________
and I make this declaration conscientiously believing it to be true and correct.
Declared by ______________________________
on [date] ___________________________________ in [place]________
Truthfully,
Signature
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or Materials
A Note on Reason Codes: When identifying item numbers please use the reasons below.
When removing products from the site,Kotlie will inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please associate each item you report with only one reason code.
Trademark-infringement
Trademark owner doesn't make this type of product or has discontinued the production of the product
Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit
Trademark-listing description infringement
Listing(s) has unlawful comparison to trademark owner's brand or product
Listing(s) contains unlawful use of trademark owner's logo
Copyright-item infringement
Software is being offered without any license or in violation of a license
Item(s) is a bootleg recording;
Item(s) is an unlawful copy (software, games, movies, etc.);
Item(s) is unlawful duplication of printed material
Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
Listing(s) comprises unauthorized copy of copyrighted text
Listing(s) comprises unauthorized copy of copyrighted image
Listing(s) comprises unauthorized copy of copyrighted image and text
Reason Code: _____________________________________________________________
Work(s)
infringed: _________________________________________________________
Item Number(s): ___________________________________________________________
Note:
Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
Please provide the evidence as to the ownership of copyright.
All such Notices of Infringement shall be sent to [email protected]; or [email protected].
Report Abuse And Take Down Policy
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website,
or if You believe your intellectual property rights have been violated in any manner through the Website, please refer to the Kotlie Report and
Take Down Policy available at www.Kotlie.com under "Policy Info" section.
Communications
When You use the Website or send emails or other data, information or communication to Kotlie, You agree and understand that
You are communicating with Kotlie through electronic records and You consent to receive communications via electronic records from
Kotlie periodically and as and when required. Kotlie will communicate with You by email or by notices on Website or electronic records on
the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,
General Provisions
Notice: All notices with respect to these Terms of Use from Kotlie will be served to You by email or by general notification on the Website.
Any notice provided to Kotlie pursuant to these Terms of Use should be sent to Grievance Officer at [email protected].
Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party
and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Kotlie's rights and/or obligations under the
Agreement are freely assignable or otherwise transferable by Kotlie to any third parties without the requirement of seeking Your prior consent.
Kotlie may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Kotlie shall have right to transfer
Your Account and Account Information to a third party who purchases Kotlie's business as conducted under the Website.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision,
and the remainder of the Agreement shall continue in full force and effect. Kotlie may amend in a reasonable manner such provision to make
it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a
waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude
the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity.
Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Principal to Principal Relationship: You and Kotlie are independent contractors, and nothing in these Terms of Use will be construed to create a partnership,
joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Kotlie.
As an abundant caution, it is clarified that Kotlie shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and Kotlie have entered this agreement on principal to principal basis.
Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by Kotlie is, or other third parties in fulfillment of any purchase or sale transaction
(for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Kotlie or its third parties performing such services as sub-contractor to Kotlie and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Kotlie shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Kotlie shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Kotlie for the purpose of this Agreement shall be Mr. Rakesh Yadav with email address: [email protected]. Kotlie may change the aforesaid details from time to time under intimation to You.