Terms and Conditions
Last updated: July 18, 2022
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content, features and functionality are and will remain the exclusive property of In Aligarh and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by In Aligarh.
In Aligarh has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that In Aligarh shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
These Terms shall be governed and construed in accordance with the laws of India without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
InAligarh portal contains the trademark, logos, trade name, service marks and other marks (collectively “Marks”) which are the intellectual property of InAligarh or their vendors or respective third parties. You understand that InAligarh uses the Marks of vendors and respective third parties procured from the owner and/or distribution channel. In doing so, InAligarh has no intention, whatsoever, to acquire rights of use or license to these Marks.
This Infringement policy helps in creating a safer marketplace by prohibiting the use of InAligarh portal for infringing the intellectual property rights of third parties or of the rightful owner. InAligarh 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 the InAligarh portal, which you believe is violating the intellectual property rights, please send an infringement initimation to InAligarh at firstname.lastname@example.org
InAligarh 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 sellers or anyone else on InAligarh’s portal , 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.
- Identification or description of the Intellectual Property Rights that has been infringed.
- Unambiguous identification or description of where the material that you claim is infringing is located on InAligarh portal with adequate particulars. Product ID / website links of infringing products.
- Your address, telephone number, and email address.
- 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.
- Brand/Trade Name (in case of Trademark infringement)
- Details of the intellectual property being infringed (Provide copyrighted images or trademark certificates as attachments)
- Details/documents of legal proceedings initiated against the entities (infringing the Intellectual Property rights of the owner)
Grievance Redressal policy.:
InAligarh 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 the complaint.
COUNTERFEIT & PRIVACY PREVENTION POLICY
- 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 InAligarh Limited and its affiliates (collectively “InAligarh, we, our, us”) protect the rights of the owner, manufacturer, inventor, musician, author from the sale of counterfeit and pirated products on its website www.inaligarh.in mobile application, and m-site (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.
- 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.
- To help mitigate the risk of counterfeit & pirated products;
- To protect the legitimate interest of owners/right holders;
- To assign responsibilities necessary to prevent the introduction of counterfeit & pirated products, at InAligarh’s platform by sellers/vendors and also its supply chain;
- To encourage and create awareness of customers to purchase genuine products through authorized sources/ authorized distributor through InAligarh’s platform;
- To facilitate the mechanism to report us about the counterfeit & pirated products on InAligarh’s platform;
- To prevent the sale of counterfeit & pirated products at InAligarh’s platform which are illegal.
- This policy governs each website, mobile site, application, and/or other service, regardless of how distributed, transmitted, published, or broadcast (“Service”) provided by InAligarh Limited and/or its affiliates (“we,” “us,” or “our” or “InAligarh”) that links to this policy, which is binding on all those who access, visit and/or use InAligarh’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 InAligarh or accessing or using our platforms/service. It also applies to the head office, branches office and other offices of InAligarh and all employees/officials of InAligarh Limited. This Policy is part of InAligarh’s Terms of Service.
- Counterfeit & Pirated Goods/Products:
- “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.
- “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.
- Nature of Counterfeit & Pirated Goods/Products:
- a) Fakes, copies, or replicas of brand name Goods/Products;
- b) Electronics goods or accessories that use or bear the brand name, logo or trademark of a company that does not manufacture the goods/products;
- c) Bootleg recordings from concerts or other live shows;
- d) Unauthorized copies of movies, videos, software etc.,;
- e) 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;
- f) Non-genuine products that imitate the characteristics of the brand in an effort to be promoted as the genuine product;
- g) Non-genuine products bearing a brand name, label or logo;
- Responsibility of Sellers:
- Products offered for sale on InAligarh’s platform 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:
- a) Do not knowingly procure, list or sale the Counterfeit & Pirated Goods/Products;
- b) Promote the actual, genuine and authentic products on our platform in the ads/promotion/listing service;
- c) To source & sell only genuine and authentic products;
- d) Do not bootleg, fake or pirated copy of products or content;
- e) Do not sell the products that have been illegally replicated, reproduced or manufactured; and
- f) Do not sell the products that infringe another party’s intellectual property rights;
- g) Do not sell or publish the Bootleg recordings from concerts or other live shows on our platform;
- h) Do not sell or publish the unauthorized copies of movies, videos, software etc., on our platform;
- i) Do not sell or publish the Fakes, copies, or replicas of brand name Goods/Products on our platform;
- j) 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;
- k) 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.
- Failure to Comply with this Policy:
- We are permanently enforcing our strategy to seek customer and supplier co-operations for our anti-counterfeiting and piracy policy. InAligarh is not knowingly doing business with manufacturers/sellers who involve in manufacturing/selling of counterfeit & pirated products.
- If the sellers sell or supply inauthentic or fake products and the same are brought to the knowledge of InAligarh, InAligarh may, at its sole discretion, initiate, inter-alia, the following actions against the vendors/sellers:
- a) Immediately suspend or terminate the service and de-list/remove the Counterfeit & Pirated Goods/Products from our platform;
- b) Destroy any inauthentic or counterfeit & Pirated Goods/Products in our possession at your expense;
- c) Withhold your Security Deposit, Service Fee, Sale Proceeds etc., if we determine that our service has been used to sell Counterfeit & Pirated Goods/Products;
- d) We will also initiate the legal action against the Sellers, if required;
- InAligarh’s Right:
- 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 InAligarh’s users.
- 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.
- 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.
- 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.
- Report Us:
- InAligarh 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.
- 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.
If you have any questions about these Terms, please contact us.