Intellectual Property Rights (IPR) Protection Policy

1.OVERVIEW

1.1 B2B Commerce (M) Sdn Bhd (Registration No. 473502-W) (“B2B”) does not allow listings that violate the intellectual property rights of brands or other rights owners.  We rely on the cooperation of users (“Users”) of our website at www.B2BDaiGor.com (“B2BDaiGor.com Website”) not to infringe intellectual property rights of others and we will cooperate with intellectual property rights owners (“IPRO”). This page provides information about intellectual property (“IP”) rights and common IP concerns that might arise.

2. INTELLECTUAL PROPERTY RIGHT (“IPR”) PROTECTION POLICY

2.1 Listings of counterfeits, replicas, or other unauthorized items are prohibited on B2BDaiGor.com Website including content infringements such as the use of copyright in a literary, dramatic, musical or artistic work, without the express or implied consent of the IPRO; the associative use of a registered trademark in a product title, image, brand field or description on the B2BDaiGor.com Website, without the express or implied consent of the IPRO; or publishing product descriptions or other information which are misleading or misrepresentative of the B2BDaiGor.Com Website. Listings of counterfeits, replicas, or other unauthorized items / products for sell or purchase shall be subjected to B2B’s sole discretion to amongst others remove the listing, impose restriction on the User’s posting, suspend the account and/or terminate the User’s account.

3. VIOLATIONS OF OUR IPR PROTECTION POLICY MAU RESULT IN A RANGE OF ACTON, INCLUDINGWITHOUT LIMITATION TO:

Removal of User’s listings;

– User’s Posting restrictions;

– User’s Account suspension; and/or 

– Termination of User’s membership agreement / service agreement

3.1 Further, under certain extreme / conspicuous situations, B2B reserves the right to terminate User’s membership agreement or service agreement, including User’s membership account without notice to the User and B2B shall have in its sole discretion to implement other measures that B2B considers appropriate.  “Extreme / conspicuous situations” include but not limited to:

  • Where infringing acts committed by User are considered as very serious;

  • Where litigation has already been initiated or legal demands have been requested by IPRO against/to B2B

  • User being sued by IPRO, or being investigated by enforcement or administrative authorities with respect to suspected infringements

  • Requests from enforcement or administrative authorities to terminate any account or take any relevant measures.

4 INFRINGEMENT CLAIMS

4.1 Users further agrees to indemnify and hold B2B harmless from all claims, causes of action, damages and judgments arising out of any action taken against the User pursuant to any intellectual property infringement claims. 

4.2 Any action taken by B2B shall not be construed as any endorsement of any intellectual property infringement claim for or against any party. All conflicting intellectual property infringement claims shall be resolved by the relevant conflicting parties separately from B2B and/or B2BDaiGor.com Website, however, you may submit your notice to us on any intellectual property infringement by writing to us at helpdesk@b2bdaiGor.Com and provide us the following document/information to support your claim and for us to process your request to remove any allegedly infringing listings from B2BDaiGor.com Website:

(a) a physical or electronic signature of IPRO (“Informant”);

(b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights;

(c) details of the listing which contains the alleged infringement;

(d) sufficient information to allow B2B to contact the Informant, such as Informant’s physical address, telephone number and e-mail address;

(e) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPRO or the law; and

(f) a statement by the Informant that the information in the notification is accurate, indemnify B2B for any damages B2B may suffer as a result of the information provided by the Informant has the right and/or is authorised to act on IPRO’s behalf to submit the complaint.

Do allow us time to process the information provided and take to the appropriate necessary action against the IP infringement User.

  

5. TYPE OF INFRINGEMENT

5.1 B2B interpretation of infringement is but not limited to the types below:

  1. Unfair use of trademark rights, copyrights or other rights in product descriptions, store names, hyperlinks, offering for sale or sale of products;

  2. Providing descriptions, images or other information that may cause confusion, misrepresentation, or other circumstances;

  3. Without the authorization of the copyright owner, reproduce his/ her work for offering for sale or sale, including but not limited to printed materials, audio and visual recordings or software etc.; or

  4. Without the authorization of the registered trademark owner in the country of origin or the licensee of the owner, offer for sale or sell his/her products

6 MISCELLANEOUS

6.1 This IPR Protection Policy is a supplement to the Terms of Use Agreement, the Verified Supplier Services Agreement and/or the Buyer Membership Agreement, and all rules and policies of the B2BDaiGor.com Website (including without limitation the Privacy Policy, and any rules, policies and special terms and conditions applicable to any Value Added Service(s)), each published on the B2BDaiGor.com Website and as may be revised from time to time (collectively, the “Website Terms”)

  1. B2B reserves the right of final interpretation and decision regarding the above and all relevant terms.

  2. B2B reserves the right to amend these rules due to amendments to laws and regulations, changes in business environment or other reasons and will announce the same. The amended version of these rules will come into force as of the date specified in the announcement.

  3. These rules are an integral part of the rules on B2BDaiGor.com Website. In case of any inconsistency between these rules and the other rules on B2BDaiGor.com Website in relation to IPR Protection Policy, the rules in this document shall prevail. For any matters not covered herein, the other rules on the B2BDaiGor.com Website shall apply.

  4. In the event of inconsistency, ambiguity or conflict between the English and the non-English version of these rules, the English version shall prevail.