Copyright Protection

Walgrow IP Protection and DMCA Policy

The policy of Walgrow International Private Limited and its affiliates ("Walgrow" or "we") is to respect intellectual property of others. Our goal is to ensure that our customers have access to genuine goods and that third party rights are not infringed upon.

We have therefore implemented the present policy that details:

  • How intellectual property rights holders from any country can combat infringement upon their rights on the website located at https://www.walgrow.com or/and any other websites owned or operated by Walgrow or any portions thereof (the "Website"), including our mobile app “Walgrow” and any resources, features, functionality, or services made available through the Website and/or app ("Service"); and
  • How we abide by the Digital Millennium Copyright Act (as amended) ("DMCA"), in particular, process and respond to written notifications of alleged infringement by copyright owners with respect to the United States of America.

1. IP Protection for Rights Holders (Available Globally)

As a rights holder or its agent / representative you can submit a trademark, copyright, patent, or other intellectual property claim at support@walgrow.com.

Your claim must contain the following information for us to be able to act on it:

  • Your valid contact details allowing us to contact you, including your name, address, telephone number, and email address;
  • Power of attorney or other authorization in case you are the rights holder’s agent / representative;
  • Identification of the intellectual property claimed to have been infringed in the form of an intellectual property registration certificate;
  • Valid proof that you are the entity listed in such intellectual property registration certificate, such as a company registry extract made no later than 1 month prior to the date of submission of the file;
  • Website link(s) to item(s) in question;
  • Identification of the specific material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material, such as the product itself, the images used in the listing, the description etc.;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights holder, its agent / representative, or the law;
  • A statement that the information in the claim is accurate, and under penalty of perjury, that you are the intellectual property rights holder or authorized to act on behalf of the rights holder.

By sending us the claim you authorize us to provide the information about you to the relevant merchant and their representative whose item you allege to be infringing.

If your claim fails to comply with the above requirements, we will not be able to properly process such notification.

We may deny acting on your claim if we have obtained proof from the person who listed the item(s) giving us sufficient grounds to consider them authorized. In such a case, we will do our best to support you in further investigation.

2. DMCA Policy (Available to Us Users of Our Service)

As part of our business, we allow users of our Service to instruct us to store certain information and materials on our systems or networks on their behalf. We do not and cannot control and monitor all materials uploaded by our users.

If you believe that your copyright is being infringed upon in the territory of the United States of America, you may submit a DMCA notification as detailed below.

# 2.1. Notification of Infringement

To submit a copyright infringement notification to us, send a written communication to our Designated Agent, as required by the DMCA, and provide the following information in writing:

  • Your valid contact details allowing us to contact you, including your name, address, telephone number, and email address;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the specific material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material, such as the product itself, the images used in the listing, the description etc.;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent / representative, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner; and
  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

If your notification fails to comply with the above requirements, we will not be able to properly process such notification.

Please note that under Section 512(f) of the DMCA, anyone who knowingly misrepresents that material or activity is infringing may be liable for damages and attorneys’ fees incurred by the alleged infringer or by us. By sending to us the notification described above you agree to accept the obligation to compensate such damages and attorney’s fees.

By sending us the notification you authorize us to provide the information about you to the relevant merchant and their representative whose item you allege to be infringing.

# 2.2. Our Response to Notifications of Infringement

Further to the Notification received we will expeditiously remove or disable access to the material that is claimed to be infringing. We will also promptly contact the user who submitted the material in question and provide them with a copy of the notification received from you.

We may suspend or terminate user accounts of repeat infringers in accordance with the relevant policies.

# 2.3. Counter-Notification

If a user has good faith belief that their content was removed or disabled by mistake or misidentification, the user can send our Designated Agent, as required by the DMCA, a written counter notification that includes the following:

  • The user's name, address, and telephone number;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • A statement that the user consents to the jurisdiction of U.S. Federal District Court for the judicial district in which its the address is located, or if the user's address is outside of the United States, of the United States District Court for the District of Delaware, and that the user will accept service of process from the person who provided the original notification or an agent / representative of such person; and
  • A physical or electronic signature of the user.

If the user's counter-notification fails to comply with the above requirements, we will not be able to properly process such counter-notification.

We will promptly send a copy of the counter-notification to the person who provided the original notification or an agent of such person. We will replace the removed material or cease disabling access to it on or after 10 business days following receipt of the counter-notification, unless our Designated Agent receives a notification from the person who submitted the original notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on our Service.

# 2.4. Our Designated Agent

The notifications and counter-notifications described above may be sent in accordance with this policy to our attention:

Designated Agent, Walgrow International Private Limited
Email: support@walgrow.com
Phone: (+91) 89294-95924

# 3. Amendments

We may from time to time update and revise this policy at our own discretion at any time and you undertake to regularly check the updates and always comply with the current version.

Last updated on 12 December, 2023