ANTI-COUNTERFEITING POLICY

 

PART-A

 

1. Tripta Technologies Private Limited (“Company”) strictly prohibits the listing of counterfeit products on the platform, www.bharatemart.com (“Platform” or “Bharat E-Mart”). By accessing, browsing, or using the Platform or its services, including product listings, any person or their representatives intending to offer products for sale through the Platform (“Seller”) agree to accept, adhere to, and fully comply with this policy (“Anti-Counterfeiting Policy”).

 

2. A “Counterfeit Product” is defined as any product or item that is forged, replicated, unlawfully produced, duplicated, bootlegged, or copied to resemble an authentic product, or that infringes upon the intellectual property rights of third parties.

 

3. The Company reserves the right to remove, suspend or restrict listings that may contain Counterfeited Products and/or violate the ‘Terms of Use’ and ‘Terms of Product Listing’ (as indicated in Part B of this Anti-Counterfeiting Policy).

 

4. The Seller(s) may be required to provide documentation, such as invoices or any other relevant documents, as may be required by the Company depending on the circumstances, to prove the authenticity of their listed products. Such documents shall be required to be provided along with a notarized affidavit confirming the genuineness of the products listed/ proposed to be listed by the Seller(s) on the Platform. Failure to provide the required documentation within 72 (Seventy-Two) hours of a request being made by the Company may lead to the suspension or termination of the Seller’s listings.

 

5. If a Seller's listings are discovered to include Counterfeit Products, the Company reserves the right to suspend or terminate the Seller’s account, delete any or all product listings of such Seller, withhold or forfeit payments to the Seller, or implement any other necessary actions. These measures may be enacted by the Company without an admission of liability by the Seller(s). It is hereby clarified that the measures enacted/ actions implemented by the Company pursuant to this paragraph are without prejudice to the Company’s rights, remedies, or defenses, all of which are explicitly reserved by the Company. The Seller(s) who list Counterfeit Products may, additionally, be subject to separate civil and criminal proceedings initiated by third-party rights holders.

 

6. This Anti-Counterfeiting Policy shall be read in conjunction with the Terms of Use and any other rules or policies in relation to the Platform that the Company may publish from time to time.

 

PART-B

Terms of product listing

 

1. GENERALLY PROHIBITED ITEMS

 

The following items are generally prohibited from being posted or sold on the Platform unless explicitly authorised, in writing, by the Company. HOWEVER, THE LIST IS NOT INTENDED TO BE EXHAUSTIVE AND IS MERELY INDICATIVE:

 

1. Any content or item restricted or prohibited by a union, state or local law in India;

 

2. Items which, while not restricted by law, are controversial, including but not limited to:

   1. Items that encourage illegal activities (e.g. lock pick tools, synthetic urine for cheating drug tests);

 

2. Items that are racially, religiously or ethnically derogatory, or that promote hatred, violence, racial or religious intolerance;

 

3. Lotteries, raffles, or contests;

 

4. Stocks, bonds, investment interests, and other securities;

 

5. Pornographic materials or items that are sexual in nature;

 

6. Items that do not offer physical product or service, such as digital currencies and advertisements solely for the purpose of collecting user/ customer information; and

 

7. Any other item that may include by the Company by notification.

 

2. SPECIFICALLY PROHIBITED AND CONTROLLED ITEMS

 

This section provides a list of items and services that are specifically prohibited or controlled on Bharat E-Mart:

 

1. DRUGS AND DRUG PARAPHERNALIA

 

1. Listing or sale of narcotics, psychotropic drugs, natural drugs, synthetic drugs, steroids, and any other substances prohibited for sale under any applicable law in India;

 

2. Sale of drug paraphernalia, which includes items primarily designed or intended for the manufacturing, concealment, or use of controlled substances;

 

3. Listing or sale of packaging materials that can be used to contain controlled substances, as well as materials conducive to smuggling, storing, trafficking, transporting, and manufacturing illicit drugs (e.g. marijuana grow lights), including publications and other media providing information on the production of illicit drugs; and

 

4. Listing or sale of foods and supplements intended for oral administration or ingestion, specifically designed to enhance sexual performance.

 

2. EXPLOSIVE, HAZARDOUS CHEMICALS AND FIREARMS

 

1. Listing of explosives, including any associated ignition and detonation equipment;

 

2. Posting, offering for sale, or purchasing radioactive substances, toxic and poisonous chemicals, or any hazardous or dangerous materials;

 

3. Listing of ozone depleting substances;

 

4. Listing of fireworks, firecrackers, and related products, except for users who possess proper licenses to sell these items;

 

5. Any service, instruction, process, or aid for producing any biological, chemical, or nuclear weapons, or other weapons of mass destruction and their known associated agents;

 

6. Posting, offering for sale, or purchasing any arms, military ordnance, weapons (including explosive weapons), and/or any related parts and components (whether integral or otherwise);

 

7. Posting, offering for sale, or purchasing of weapons that can incapacitate or cause serious physical harm to others (e.g. stun guns, batons, crossbows);

 

8. While the listing of most knives and cutting instruments is allowed, switchblade knives, gravity knives, bladed knuckledusters (bladed or not), bladed handheld devices, and disguised knives are prohibited.

 

3. GOVERNMENT, LAW ENFORCEMENT AND MILITARY ISSUED ITEMS

 

1. Clothing articles or identification items claiming to be or resembling official government uniforms;

 

2. Badges or equipment associated with law enforcement from any public authority, including those issued by any government;

 

3. Military decorations, medals, and awards, as well as items bearing substantially similar designs;

 

4. Police uniforms, police insignia, and police vehicles;

 

5. Any official, internal, classified or non-public documents;

 

6. Listing of police equipment and associated products;

 

Some police items may be listed on the Bharat E-Mart, provided that they adhere to the following guidelines:

 

1. Authorized general souvenir items that do not resemble badges, and paperweights which are devoid of badges;

2. Badges clearly identified as non-genuine or unofficial;

3. Historical badges differing significantly from modern law enforcement badges, with clear item descriptions stating their historical nature.

 

4. ADULT AND OBSCENE MATERIALS

 

1. Posting or sale of pornographic materials;

 

2. Items that depict or suggest bestiality, rape sex, incest, sex with graphic violence or degradation, and any items that depict or suggest sexual activities involving minors.

 

 

5. CIRCUMVENTION DEVICES AND OTHER EQUIPMENT USED FOR ILLICIT PURPOSES

 

1. Items that can be used to gain unauthorized access to television programming (such as satellite and cable TV), internet access, telephone, data or other protected, restricted, or premium services;

 

2. Devices designed to intentionally block, jam, or interfere with authorized radio communications, including cellular and personal communication services, police radar, global positioning systems and wireless networking services;

 

3. Spy equipment and devices used for interception of wire, oral and electronic communications;

 

4. Bank card readers and ‘skimmers’;

 

5. Any unauthorized circumvention devices not specified above.

 

6. ILLEGAL SERVICES

 

1. Listings that claim to provide government services and related products;

 

2. Listing or sale of any form of invoices or receipts, including blank, pre-filled, or value-added invoices or receipts;

 

3. Listings for the sole purpose of collecting user information or raising money.

 

7. COLLECTIONS, ARTIFACTS AND PRECIOUS METALS

 

1. Sale and purchase of currency, coins, banknotes, stocks, bonds, money orders, credit and debit cards, investment interest, currency in digital or any intangible form (e.g. cryptocurrency), as well as the equipment and materials used to produce such items;

 

2. Counterfeits of the identified articles, legal tender and stamps;

 

3. Rough diamonds and ‘conflict minerals’ from such countries, as may be notified by the Government of India, from time to time;

 

4. Artefacts, cultural relics, historical grave markers, and related items protected under the laws of India.

 

Reproductions or replicas of coins intended as collectible items must be clearly marked with the word “COPY”, “REPRODUCTION” or “REPLICA” and must comply with local laws.

 

8. HUMAN PARTS, HUMAN REMAINS AND PROTECTED FLORA AND FAUNA

 

1. Listing of human body parts and remains;

 

2. Listing or sale of any animal (including any animal parts such as pelts, skins, internal organs, teeth, claws, shells, bones, tusks, ivory and other parts) protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora or any other local law or regulation.

 

9. OFFENSIVE MATERIALS AND INFORMATION DETRIMENTAL TO NATIONAL SECURITY

 

1. Any publication or media containing state secrets or information detrimental to national security or public order;

 

2. Any information that supports or advocates the infringement of national sovereignty, terrorist organizations or discrimination on grounds of race, sex, or religion;

 

3. Postings that are ethnically or racially offensive;

 

4. Materials that advocate, promote or support fascism, Nazism and other extreme ideologies.

 

10. TOBACCO PRODUCTS

 

1. Posting of tobacco products, including but not limited to cigars, cigarettes, cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco and tobacco leaf.

 

 

3. Notwithstanding the aforesaid, the Company reserves the right to determine the appropriateness of listings and may order the removal of any listing that it deems appropriate.

 

4. The Part A and Part B of this Anti-Counterfeiting Policy shall be read in conjunction and each Seller is required to ensure compliance with Part A and Part B of this Anti-Counterfeiting Policy, at all times.