Copyright & Intellectual Property Policy

This policy explains how Nmjoy handles claims that content on the marketplace infringes copyright, trademark or other intellectual property rights.

1. Our approach

Nmjoy ("we", "us") hosts products listed by independent sellers. We are an intermediary under section 2(1)(w) of the Information Technology Act 2000 and we observe the due diligence that section 79 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 require. We respect the intellectual property of others and require sellers to hold the rights to everything they list. We do not review every product before it is listed, so we rely on rights-holders and users to tell us when something infringes. We act on valid notices promptly, tell the seller what was claimed, and give the seller a fair chance to respond.

2. Reporting infringement

There are two ways to report infringement, and both are treated the same:

(a) The report form. Every product, seller, review, question and answer has a report button. Choose the copyright, trademark, plagiarism or counterfeit type, describe the problem and include links to evidence.

(b) Written notice. Email copyright@nmjoy.com, or write to our Grievance Officer at grievance@nmjoy.com.

For a notice to be valid, it must contain:

1. Identification of the work you claim has been infringed, with details of the copyright, registered trademark or other right relied on and, where the right is registered, its registration number.
2. Identification of the listing or content you claim is infringing, with its URL on the marketplace, in enough detail for us to find it.
3. Your name, postal address, telephone number and email address.
4. A statement that you own the right claimed, or are authorised to act for the owner, and that the use complained of is not authorised by the owner or the law.
5. A statement that the information in the notice is true and accurate, and that you understand a false notice may make you liable to the person whose content is removed.
6. Your physical or electronic signature.

A notice that is missing one of these elements may be rejected. We will tell you what is missing so you can resubmit.

3. Trademark and other intellectual property complaints

Complaints about trademark infringement, counterfeit goods, passing off, design rights, or other intellectual property use the same two routes. Include the registration number and jurisdiction of any registered right, and describe why the listing infringes it. The same accuracy and good-faith statements apply.

4. What we do when we receive a notice

We acknowledge a notice within 24 hours. Where the notice is valid on its face, we remove or restrict access to the listing or content promptly, and in every case we decide the complaint within 15 days of receiving it. Where a court order or a lawful notice from a government agency requires removal, we comply within 36 hours of receiving it, as rule 3(1)(d) of the IT Rules 2021 requires.

We notify the seller or user concerned, provide them with the contents of the notice including the identity of the complainant, and record the decision and its reason. We tell the complainant the outcome. A seller whose listing is removed under this policy may not relist the same product without our written agreement.

5. Counter-notice

If your content was removed and you believe the removal was a mistake or the material was misidentified, you may send a counter-notice to copyright@nmjoy.com. It must contain:

1. Identification of the material that was removed and the URL where it appeared before removal.
2. A statement that you own the rights in the material or are otherwise entitled to publish it, with the evidence you rely on, such as a licence or proof of authorship.
3. A statement that the information in the counter-notice is true and accurate.
4. Your name, postal address, telephone number and email address.
5. Your physical or electronic signature.

We forward a valid counter-notice to the original complainant. If the complainant does not tell us within 21 days that they have obtained or applied for a court order restraining the alleged infringement, we may restore the material. Where the two of you dispute the facts and neither has a court order, we may keep the content removed until the dispute is resolved between you.

6. Repeat infringers

We keep a record of every infringement notice acted on against each store. A seller whose listings are the subject of repeated valid notices, or a single instance of deliberate large-scale infringement, has their store banned and may not open another. Pending earnings on infringing sales are handled as set out in the Seller Agreement.

7. False notices

Knowingly misrepresenting that material is infringing, or that it was removed by mistake, may make you liable in damages to the person harmed. We may suspend or ban an account that sends notices or counter-notices that are knowingly false, or that uses the reporting process to harass a seller or user.

8. Other remedies

Nothing in this policy limits any remedy a rights-holder has under the Copyright Act 1957, the Trade Marks Act 1999 or any other law, or requires them to use this process before pursuing one.

9. Where to send notices

Written notices of claimed infringement go to copyright@nmjoy.com. Notices by post go to our registered office, marked for the attention of the Grievance Officer, as set out in our Legal Notice.

10. Changes

We publish every version of this policy, numbered and dated. This is version 1.

11. Contact

Copyright and intellectual property notices: copyright@nmjoy.com. Grievance Officer: grievance@nmjoy.com. Other legal questions: legal@nmjoy.com.