We value the trust you place in Festivya Online Services Private Limited. That's why we insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about our information gathering and dissemination practices. By registering with Festivya, you acknowledge your acceptance of the terms of this policy, your consent to provide required personal information and that any information provided by you through Festivya is provided under a lawful contract.
A. Personal Information
1. Collection of Personally Identifiable details
We collect personally identifiable information (email address, name, phone number, etc.) from you when you set up a free account with Festivya. Though certain amount of browsing is allowed without registering, the full access to the website and its features are open only to registered members
2. Use of Demographic and Profile Data
We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect fees owed; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection. In our efforts to continually improve our product and service offerings, we collect and analyze demographic, profile and usage data about our users' activity on our website. We identify and use your IP address to help diagnose problems with our server, and to administer our website. Your IP address is also used to help identify you and to gather broad demographic information. We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our site, providing you with content that we think you might be interested in and to display content according to your preferences
A "cookie" is a small piece of information stored by a Web server on a Web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. Festivya.com places both permanent and temporary cookies in your computer's hard drive. Festivya.com's cookies do not contain any of your personally identifiable information. You may choose to disable the cookies using the settings in your computer system. However, if you do so, you may not be able to use the full functionality of the site.
3. Sharing of Personal Information
We may share personal information with our other entities/agencies and affiliates to: help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity or for analytical and IT services. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt-in.
Any third party with whom we share the information shall maintain reasonable level of confidentiality and data security as required under law.
Our site links to other websites that may collect personally identifiable information about you. Festivya.com is not responsible for the privacy practices or the content of those linked websites.
5. Security Precautions
Our site has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines in compliance with the Information Technology Act, 2000, protecting it against unauthorized access.
Festivya.com provides all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account. If you want to remove your contact information from all Festivya.com lists and newsletters, please email us at email@example.com
7. Advertisements on Festivya.com
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
8. Contact our privacy department
Should you have any discrepancies or grievances or questions regarding this statement or with respect to personal identifiable information provided by you, please contact our grievance officer at firstname.lastname@example.org
INTELLECTUAL PROPERTY RIGHTS POLICY
FESTIVYA ONLINE SERVICES PRIVATE LIMITED, a company incorporated under Companies Act, 1956 with CIN U72200KA2016PTC086011 and having its registered office at No 55, GL Layout, 2nd Stage, Bangalore-560008, India (Festivya) owns and operates www.festivya.com (“Website”). Festivya is conscious of and is committed to helping people and organisations protect their Intellectual Property.
Intellectual Property includes the following:
- “Trade Marks” i.e. a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from the others and may include service marks, logos, designs, trade dress, shape of goods, their packaging or combination of colours, as are duly registered and/or pending registration under the Trade Marks Act, 1999.
- “Copyrights” in, copyrighted works and copyrighted materials i.e. literary, dramatic or musical work or artistic work, owned, acquired or validly licensed to any person in terms of the Copyright Act, 1957.
- Other intellectual property rights legally valid and recognised in India such as trade secrets, proprietary know-how, any patentable or non-patentable inventions, discoveries or any modifications, adaptations, derivatives or improvements of each of the above.
PROTECTION OF INTELLECTUAL PROPERTY
Copyright in the Website belongs to Festivya. The Website contains the trademark “Festivya”, other trademarks, logos, trade name, service marks and other marks (collectively “Marks”) which are the Intellectual Property of Festivya or its vendors or respective third parties. Festivya uses contents, pictures, photographs and Marks of various vendors and third parties procured from the owner and/or distribution channel who might not be the original owners of Intellectual Property rights therein. All items and photographs advertised / listed and the contents therein are received by Festivya from vendors and are third party user generated contents. In this regard, Festivya shall not be liable and responsible for any actions or inactions of the vendors nor any breach of any third party intellectual property rights of the sellers or manufacturers or owners of the products and hereby expressly disclaim any and all responsibility and liability in this regard.
The users of the Website should assume that standard Intellectual Property rights protection applies to all materials and contents displayed on the Website. Any redistribution, modification or reproduction of part or all of the contents featured on the Website in any form is prohibited.
You are not permitted, except with the express written consent of Festivya, to distribute or commercially exploit the contents or use the Marks displayed on this Website. You are also prohibited from transmitting the contents or storing it in any other website or in other form of electronic retrieval system.
All copyright, Marks, domain name, trade dress including the “look and feel” of the Website, its text, graphics, button icons, interfaces, etc., and the arrangements thereof, is the property of Festivya or its vendors or the third party, as the case may be, unless otherwise indicated. All the contents are protected under copyright, trademark and other applicable Intellectual Property laws and may not be used by you, except as permitted by Festivya, its vendors or the concerned third party.
To facilitate and assist people and organizations protect their Intellectual Property rights and as a trust building exercise between Festivya and the users of the Website, Festivya has put in place a Protection of Intellectual Property Program (“PIP Program”) to identify and remove infringing or unlicensed items and material listed on the Website if an owner of Intellectual Property reports to us.
- Who can report to us?
How to report?
- Your personal details:
- Constitution i.e. Individual/Company/LLP
- Registration number (if any)
- Residential/Registered Address
- Name and designation of authorised representative (applicable for persons other than an individual) along with certified true copy of document evidencing the authority
- Contact Details i.e. email id, phone/fax number
- Link of the product appearing on the Website which infringes your Intellectual Property rights;
- Details of the product which infringes your Intellectual Property rights;
- Details of your Intellectual Property rights existing as on date in India along with registration/application details, if any; and
- Reasons for comprehending that the products in question violate your Intellectual Property rights and the basis of your decision such as test purchases, laboratory reports or such similar documentary proof.
Actions that Festivya will take on receipt of a Notice of Infringement
- Immediately delist the infringing products from the Website;
- Bar the relevant vendor/merchant/advertiser from accessing and transacting over the Website including listing of their products;
- Provide all details of the relevant vendor/merchant/advertiser of the infringing products to the person submitting the Notice of Infringement; and
- Provide, in its sole discretion, all reasonable cooperation and assistance to the person submitting the Notice of Infringement in taking appropriate action against the relevant vendor/merchant/advertiser.
- Consequences of incomplete/frivolous reporting
- Festivya’s Limitation of Liability
- You may report to us if you are the owner/valid licensee of an Intellectual Property in any content available/uploaded on the Website without your consent, or you believe that your content has been copied/misused in any way that constitutes infringement of your Intellectual Property rights. In case you are not the owner of the Intellectual Property, you can still help by getting in touch with relevant owner and encourage them to contract us.
- You (the owner/licensee of Intellectual Property or any authorise representative of owner/licensee of Intellectual Property) are required to email us at email@example.com, a Notice of Infringement form specifying the allegedly infringing listings on our Website along with following details:
- If Festivya is satisfied with the veracity and genuineness of a duly filled and complete Notice of Infringement, Festivya shall:
- If the Notice of Infringement is incomplete in any manner or Festivya is of the opinion, in its sole discretion, that the Notice of Infringement is frivolous and/or fake, Limeraod may not take any actions as stated above and may report to the concerned vendor/merchant.
- If you believe that a report made against you is frivolous, you may intimate us about the same along with documentary proof thereof (“Withdrawal Claim”). However, Festivya will re-list your products on the Website only if it is satisfied, in its sole discretion, of the genuineness of your Withdrawal Claim. Festivya may require you to provide such information or documents, as it may deem fit for the purpose (including without limitation a final order of a court of competent jurisdiction, a withdrawal of claim letter of the person who alleged infringement against you etc.)
- You acknowledge that Festivya will exercise its discretion based on the documents and information provided by you and shall not independently verify the genuineness of you claim. Accordingly, Festivya shall not be held liable in any manner for any act/omission, so far as Festivya exercises reasonable and due diligence with respect to any Notice of Infringement and/or a Withdrawal Claim. You acknowledge that Festivya shall not be liable for not taking any action, if the Notice of Infringement is incomplete and/or adequate information is not provided with a Withdrawal Claim.
- PIP Program has been launched by Festivya to merely facilitate and assist people and organisations to protect their Intellectual Property rights. As mentioned above, Festivya is a mere technology and infrastructure service provider. Festivya provides merely platform to buyers and sellers to conclude their transactions online.
- Festivya neither guarantees protection nor is responsible for infringement of Intellectual Property rights of any person. We are providing www.festivya.comasiswithoutany express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Festivya is not responsible for the actions, content, information, or data of third parties and you release us, our shareholders, directors, officers, employees, and agents from any direct and/or indirect claims and damages, known and/or unknown, arising out of or in any way connected with any claim you have against any such third parties.