myTaskHall and its affiliates, (as defined in the Terms & Conditions), respects all third party intellectual property. If you believe that your intellectual property rights may have been used in a way that gives rise to concerns of infringement, please refer to the procedure for registration of a complaint mentioned below.
To help best facilitate and assist people and organizations protect their intellectual property rights and as a trust building exercise between myTaskHall and its users, myTaskHall has put in place this Intellectual Property Policy (“IP Policy”) to identify and remove infringing or unlicensed items and material listed on its Platform when an owner of intellectual property reports such infringement to us. The IP Policy is, to the best of our ability, made in compliance with the applicable laws and will be revised and adapted as necessary.
1. Intellectual Property
For the purpose of this IP Policy,“Intellectual Property”, it includes the following:
- “Trade Marks” This is a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from of the others and may include service marks, logos, designs, trade dress, shape of goods, their packaging or combination of colors, as are duly registered and/or pending registration under the Trade Marks Act, 1999 and the Lanham Act.
- “Copyrights” are copyrighted works and copyrighted materials; i.e. literary, dramatic or musical work or artistic work, owned, acquired or validly licensed to any person.
- Other intellectual property rights that are legally valid and recognized 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.
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 myTaskHall.
3. Procedure to report Intellectual Property right infringement
3.1 IP Owner is required to email us at info@mytaskhall.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 myTaskHall, 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. myTaskHall may do one or more of the following:
- immediately delist the infringing products from the Platform;
- block the relevant supplier/reseller/vendor/merchant/advertiser account from Platform and/or bar such supplier/reseller/vendor/merchant/advertiser from listing any products on Platform.
4. Indemnity
IP Owner understands that by submitting Notice Form, IP Owner grants to myTaskHall, the right to inter alia forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You also agree to indemnify myTaskHall 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 myTaskHall opines (in its sole discretion) that the Notice Form is frivolous and/or fake, myTaskHall 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 myTaskHall about the same along with documentary proof thereof (“Counter Claim“).
5.3 At the discretion of myTaskHall, they may reactivate the account of such relevant supplier/reseller/vendor/merchant/advertiser and list the products on the Platform if myTaskHall 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 also acknowledge that myTaskHall 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 myTaskHall exercises reasonable and due diligence with respect to any Notice Form and/or a Counter Claim.
5.5 You acknowledge that myTaskHall 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 myTaskHall shall not be liable for any such action or omission.