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INTELLECTUAL PROPERTY & TAKEDOWN POLICY


This Intellectual Property & Takedown Policy (the "IP Policy") explains how [COMPANY NAME] (the "Company," "we," "us," or "our") handles claims of copyright, trademark, and other intellectual property infringement on the website at [WEBSITE DOMAIN] and related mobile applications and services (the "Platform").

This IP Policy forms part of our Terms and Conditions.

1. OUR COMMITMENT

1.1 We respect the intellectual property rights of others and expect our users, including Vendors and Buyers, to do the same.

1.2 We will respond promptly to notices of alleged infringement and will remove or disable access to Content that is found to infringe the intellectual property rights of third parties, in accordance with this Policy and applicable law.

1.3 This Policy implements a notice-and-takedown procedure consistent with the principles of the Digital Millennium Copyright Act (DMCA) of the United States and the Nigerian Copyright Act 2022, together with applicable trademark law.

2. SCOPE

This IP Policy applies to:

  • (a) Content posted by users on the Platform, including Product listings, images, descriptions, reviews, and other submissions;
  • (b) the use of third-party copyrights, trademarks, trade names, and other intellectual property in connection with the Platform.

3. REPORTING INFRINGEMENT

If you believe that any Content on the Platform infringes your copyright, you may submit a Notice of Infringement containing the following information:

  • (a) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;
  • (b) identification of the copyrighted work(s) claimed to have been infringed;
  • (c) identification of the allegedly infringing Content and information reasonably sufficient to enable us to locate it (for example, the URL of the Product listing);
  • (d) your contact information, including name, postal address, telephone number, and email address;
  • (e) a statement that you have a good faith belief that the use of the Content is not authorised by the copyright owner, its agent, or the law; and
  • (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorised to act on the owner's behalf.

3.2 Trademark and Other Infringement

If you believe that any Content on the Platform infringes your trademark or other intellectual property rights, you may submit a Notice of Infringement containing:

  • (a) identification of the trademark or other right claimed to be infringed, including proof of registration where applicable;
  • (b) identification of the allegedly infringing Content and its location on the Platform;
  • (c) a statement that you have a good faith belief that the use of the Content is not authorised; and
  • (d) your contact information and a statement that the information in the notice is accurate.

4. WHERE TO SUBMIT NOTICES

Notices of Infringement must be submitted to our designated agent:

Designated Agent / Intellectual Property Officer [NAME / DESIGNATION] [IP EMAIL ADDRESS] [POSTAL ADDRESS] [TELEPHONE NUMBER]

We accept notices by email at [IP EMAIL] or by post at the address above. Please put "NOTICE OF INFRINGEMENT" in the subject line.

5. OUR ACTION UPON RECEIPT OF A NOTICE

5.1 Upon receiving a complete Notice of Infringement, we will review it promptly.

5.2 Where a notice is valid, we will, as appropriate:

  • (a) remove or disable access to the allegedly infringing Content;
  • (b) notify the user who posted the Content; and
  • (c) take action against repeat infringers in accordance with Section 8 below.

5.3 We may also request further information from the complainant or the user where the notice is incomplete or ambiguous.

5.4 We act expeditiously but note that investigating and resolving claims may take time. We will not be liable to any party for good faith actions taken in response to a valid notice.

6. COUNTER-NOTICE

6.1 If you believe that Content you posted was removed or disabled in error or as a result of misidentification, you may submit a Counter-Notice containing:

  • (a) your physical or electronic signature;
  • (b) identification of the Content that was removed or disabled and where it appeared before removal;
  • (c) a statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of a mistake or misidentification; and
  • (d) your name, address, telephone number, and email address, together with a statement that you consent to the jurisdiction of the courts of Nigeria and that you will accept service of process from the complainant.

6.2 Counter-Notices must be submitted to the same designated agent identified in Section 4.

6.3 Upon receipt of a valid Counter-Notice, we may restore the Content within a reasonable period unless the complainant initiates legal proceedings or demonstrates that they are seeking an order to prevent the activity.

7. FALSE OR ABUSIVE CLAIMS

7.1 Knowingly submitting a false or misleading Notice of Infringement or Counter-Notice may expose the submitter to legal liability, including for damages, costs, and legal fees.

7.2 We reserve the right to seek damages from any person who submits a false or abusive claim, and to report such conduct to the relevant authorities.

8. REPEAT INFRINGER POLICY

8.1 We will, in appropriate circumstances, terminate the accounts of users who are determined to be repeat infringers of intellectual property rights.

8.2 For these purposes, a user will generally be considered a repeat infringer where they have had Content removed for infringement on more than [NUMBER] occasions, or where they have otherwise repeatedly violated this Policy.

8.3 We also reserve the right to suspend or terminate accounts where a single instance of infringement is sufficiently serious, or where we reasonably suspect that the account is used primarily for infringing activity.

9. VENDOR OBLIGATIONS

9.1 Vendors must ensure that their Product listings, including images, descriptions, and any other Content, do not infringe the intellectual property rights of any third party.

9.2 By listing a Product, Vendors represent and warrant that they hold all necessary rights and licences to sell the Product and to use the associated Content.

9.3 Vendors who repeatedly receive infringement notices or who are found to sell counterfeit or infringing Products will have their listings removed and may have their Vendor accounts terminated.

10. REPORTING COUNTERFEIT PRODUCTS

Buyers who believe they have received a counterfeit or infringing Product may report it by contacting us at [IP EMAIL] with the Order number, a description of the concern, and supporting evidence. Such reports will be investigated in accordance with this Policy.

11. AMENDMENTS

We may update this IP Policy from time to time. The updated Policy will be posted on the Platform with the "Last Updated" date.

12. CONTACT US

If you have any questions about this IP Policy, please contact us at:

[COMPANY NAME] [REGISTERED ADDRESS] [IP EMAIL] [CONTACT PHONE NUMBER]

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