Intellectual Property Policy

The domain name www.jamunjar.com, an internet based portal, and the JamunJar mobile application (Android and iOS) (collectively, the “Platform”) are owned and operated by JamunJar Health and Wealth Private Limited, a company duly incorporated under the Companies Act, 2013 (hereinafter “JamunJar”, “We”, “Our” or “Us”). The Services and facilities made available by or through JamunJar may be accessed or availed through the Platform or through any electronic, digital, telephonic, physical or other mode or medium made available by JamunJar.This IP Policy forms part of, and is subject to, JamunJar's Terms of Use. Capitalised terms used but not defined in this Policy shall have the meaning ascribed to them in the Terms of Use.

All trademarks, logos, trade names, platform design, software and editorial content appearing on the Platform are owned by or licensed to JamunJar and are protected under applicable intellectual property law, subject to the terms of JamunJar's Privacy Policy and Editorial Policy. Nothing in this Policy shall be construed as granting any licence or right to use JamunJar's intellectual property without its prior written consent.

JamunJar respects the intellectual property rights of all individuals and entities (“Persons”). We strictly prohibit our users, independent third-party sellers, service providers, vendors and other users of the Platform from uploading, posting, or distributing any content on the Platform that infringes upon the valid copyrights, trademarks, patents or other intellectual property rights of Persons. This includes, without limitation, the listing of counterfeit, unauthorised or unlicensed pharmaceutical products, or the unauthorised use of a brand owner's packaging, trademarks or trade dress in connection with any medicine, diagnostic test or healthcare product listed on the Platform.

Where the Platform displays a generic medicine as an alternative to a branded product, such display may reference the relevant brand name solely to the extent reasonably necessary to identify the generic equivalent, and shall not imply endorsement, affiliation or association with the brand owner. Sellers and JamunJar shall not use a third party's proprietary or trademarked diagnostic test panel name to describe or market a different or unaffiliated test panel offered on the Platform.

Each seller listing a pharmaceutical product on the Platform warrants that, to the best of its knowledge, the sale of such product does not infringe any subsisting patent in India. JamunJar does not independently verify patent status and shall have the right to remove any listing that becomes the subject of a credible patent infringement claim, pending resolution of such claim.

No User, Seller Or Service Provider Shall Use The Name, Photograph, Signature, Qualifications Or Professional Credentials Of Any Registered Medical Practitioner On The Platform Without Such Practitioner's Authorisation, Or In A Manner That Falsely Implies Affiliation Between Such Practitioner And Any Hospital, Clinic Or Institution. Jamunjar Shall Verify The Credentials Of Practitioners Onboarded To Provide Teleconsultation Services In Accordance With The Relevant Laws.

Sellers shall not crop, obscure, alter or misrepresent any statutory label content mandated under the Drugs Rules, 1945, including Schedule H warnings, maximum retail price, batch number and licence number, in any product image or listing displayed on the Platform. Any such alteration shall be treated both as a regulatory compliance failure and as a potential misrepresentation of the product's trade dress.

If you believe that your intellectual property has been used on the Platform in a way that constitutes infringement, please submit a written “Infringement Claim” to our designated agent at:
Email: intellectual.property@jamunjar.comTo process your request, the following information must be included:

1. Identification of the Work: A description of the copyrighted work, trademark, patent or other intellectual property right that you claim has been infringed.
2. Location of Infringement: The specific URL(s) or location on the Platform where the allegedly infringing material is located.
3. Proof of Ownership: Evidence establishing your ownership of the intellectual property (e.g., registration certificates or a declaration of rights).
4. Contact Information: Your full legal name, physical address, telephone number, and email address.
5. Good-Faith Statement: A statement by you, made under penalty of perjury, that:
   • The information in the notice is accurate.
   • You have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law.
   • You are the owner of the intellectual property or are authorized to act on the owner's behalf.

Upon receipt of a complete Infringement Claim, JamunJar will:

• Acknowledge receipt of your claim within twenty-four (24) hours;
• Conduct a review of the claim and, where the claim arises from a court order or a notification by an appropriate government authority, remove or disable access to the material within thirty-six (36) hours, and in all other cases, as expeditiously as possible and consistent with JamunJar's obligations under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021;
• Temporarily or permanently remove or disable access to the allegedly infringing material at JamunJar's sole discretion;
• Notify the alleged infringer and provide them with an opportunity to submit a counter-notice, as set out in Clause 10 below.

A user whose content has been removed or disabled pursuant to an Infringement Claim may submit a written counter-notice to JamunJar within fifteen (15) days of such removal, containing: (a) identification of the material removed and its location prior to removal; (b) a statement, under penalty of perjury, that the user has a good-faith belief that the material was removed as a result of mistake or misidentification; and (c) the user's full legal name, physical address, telephone number and email address. Upon receipt of a valid counter-notice, JamunJar may, at its discretion, restore the material unless the original claimant notifies JamunJar that it has initiated legal proceedings seeking to restrain the user from continuing the allegedly infringing activity.

[Cross-reference to the patent warranty in Clause 5 added]Every independent third-party seller or service provider listing medicines, diagnostic tests or healthcare products on the Platform warrants that: (a) such products are genuine, authentic and not counterfeit; (b) it holds all licences, including any applicable drug licence, required under the Drugs and Cosmetics Act, 1940 and rules made thereunder to sell such products; (c) such listing does not infringe the intellectual property rights of any Person; and (d) it complies with the patent, trademark and labelling obligations set out in Clauses 3 to 7 above.

Each seller or service provider shall indemnify and hold harmless JamunJar from and against any claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising from any actual or alleged infringement of a third party's intellectual property rights in connection with such seller's or service provider's listings or content on the Platform.

If you knowingly misrepresent that material on the Platform is infringing, you may be held liable for damages (including costs and attorneys' fees) under applicable law. JamunJar reserves the right to reject, disregard or seek additional information in respect of incomplete, inaccurate or frivolous claims and may pursue legal action against individuals who submit false reports to disrupt our services.

JamunJar shall terminate or suspend, in its sole discretion, the account of any user against whom three (3) or more valid Infringement Claims have been upheld within any twelve (12) month period, and reserves the right to take such action at a lower threshold where the circumstances warrant.

Personal data submitted as part of an Infringement Claim or counter-notice shall be processed in accordance with JamunJar's Privacy Policy.

This Policy shall be governed by the laws of India, and the courts at Mumbai, Maharashtra shall have exclusive jurisdiction over any dispute arising out of or in connection with this Policy.