Terms Of Service
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.
GENERAL
This www.bytheboutique.com (the “Site”) is owned and operated by By The Boutique (“BTB,” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service that follow and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from BTB. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
Subject to the conditions set forth herein, By The Boutique may, in its sole discretion, amend this Agreement and any of the other agreements that comprise the Terms of Service at any time by posting a revised version on the Site. By The Boutique will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”).
IF YOU DO NOT ACCEPT THE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE SITE.
IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY ALTOGETHER.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, all written content on this site is owned by By The Boutique, Inc and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, you may not modify, copy, reproduce, republish, upload, post, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site without prior permission. You may, however, download, print, and/or share one copy of individual pages of the Site for non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us.
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
Limitations on Linking and Framing.
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
PrivacyYour use of the Website is also subject to the BTB’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
ACCURACY OF INFORMATION
While we shall endeavor to ensure that all information on the Site is accurate, we cannot vouch that all information will be accurate and up-to-date at all times. The Site contains a large amount of data, and errors are likely to occur in tracking changes such as but not limited to changes in dates and times of events, restaurant information, prices, exchange rates, accommodation, or other travel information.
Part of this Site contains materials submitted to By The Boutique by Third Parties. It is the responsibility of these Third Parties to ensure that the materials submitted for inclusion on this Site comply with national and relevant foreign laws. We cannot guarantee the accuracy or reliability of this material and hereby disclaim any responsibility for error, omission, or inaccuracy in the material or for any misinterpretation, loss, disappointment, negligence, or damage caused by reliance on any material contained within the Site.
We also cannot accept responsibility for any failure or alleged failure in the delivery of the services referred to herein, or in the event of bankruptcy, liquidation, or cessation of trade of any BTB, individual or firm referred to herein. You are advised to check with the establishment concerned.
We accept no responsibility for the content of any Site to which a hypertext link from this Site exists. Such links are provided for your convenience on an ‘as is’ basis. Should you find any inaccurate information on the Site, please inform us at info@bytheboutique.com and we shall correct it as soon as it is practicable to do so.
NON-GUARANTEE OF RESULTS
You agree that the BTB has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The BTB provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the BTB.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the BTB or otherwise – applying the principles set out in the Site are no guarantee that you or any other person or entity will be able to obtain similar results.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY ANY PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING IN OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
TERMINATION AND ACCESS RESTRICTION
The BTB reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Law of land of India. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
WAIVER
Any waiver by either Party of a breach of any provision of this Agreement by the other Party shall not be construed as a waiver of any other or subsequent or preceding breach by the other said Party. No waiver by either Party of any right under this Agreement shall be construed as a waiver of any other right which the Party may have under this Agreement, in law or in equity.
SEVERABILITY
In the event that any provision of this Agreement shall be deemed by any court having jurisdiction thereon to be illegal, invalid or unenforceable, it shall in no way affect or prejudice the legality, validity or enforceability of any other term or condition of this Agreement. If any provision of this Agreement shall be deemed by such court to be unenforceable because such provision is too broad in scope, such provision shall be construed to be limited in scope to the extent such shall deem necessary to make it enforceable, and if any provision shall be deemed inapplicable by any such court to any person or circumstances, it shall nevertheless be construed to apply to all other persons and circumstances.
SURVIVAL
Any terms and conditions that by their nature or otherwise reasonable should survive expiration or termination of this Agreement, shall be deemed to survive the expiration or termination of this Agreement. Such terms and condition include but are not limited to Indemnification, Confidentiality, Payment Terms, Relationship, Liability, Jurisdiction, Governing Laws and Dispute Resolution.
SUCCERSSORS AND ASSIGNS
Neither Party shall assign its rights or obligations under this Agreement without the prior written permission of the other party and any attempt to do so shall be void. Any such assignment consented to by the Parties shall be confirmed vide written confirmation signed by Parties including assignee to the said effect.
GOVERNING LAW
This Agreement shall be governed by, and construed in accordance with the laws of India Both Parties grant sole and voluntary consent to the exclusive and only jurisdiction of Mumbai for any dispute arising out of this Agreement.
That the USER and BY THE BOUTIQUE herein through this agreement give their consent to the exclusive jurisdiction of the courts located in Mumbai in case of determination of any dispute arising out of this agreement.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties including its schedules, annexure, exhibits and addendums thereto and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.
PRIVACY POLICY
This privacy policy sets out how BY THE BOUTIQUE (hereinafter referred to as “BTB”, or “we”, or “us) uses and protects any information that you give BTB when you use this website.
BTB is committed to ensure and make certain that your privacy is protected. For the purpose of smooth and non – interrupted usage of the website, we may ask you to provide certain information by which you can be identified when using this website. We ascertain and assure that the information provided/ taken by you will only be used in accordance with this privacy statement.
Please take into consideration that your use of our website and our services is subject to this Privacy Policy, which may be updated as and when the need of such update arises to reflect changes in how we collect, use, and/or share information. Our Privacy Policy will reflect the date in which it was last updated. It shall be the sole responsibility of the user to review this Privacy Policy for any changes/modification. We urge you to keep check this Privacy Policy each time you use our website to ensure you are aware of any changes in our practices. Your continued use of the Website will ipso facto signify your acceptance of any changes to our Privacy Policy.
WHAT WE COLLECT.
Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, a home, postal or other information when needed to provide you the service.
Personal Information
We may collect the following personal information about you:
- Your Profile Information. When you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.
- Information from Third Parties. You may choose to share certain data with us from third parties or through your use of the Platform; we may collect such third-party data automatically.
For the purpose of complete benefit and utilization of our services, we may also collect:
- Identity Verification: We may collect Personal Information, such as your date of birth or any other document to validate your identity or as may be required by law. We may request documents to verify this information, for e.g., a copy of your government-issued identification or photo if and when necessary.
- General Audience Service: The Service is general audience and intended for users 18 and older. We do not knowingly collect Personal Information from anyone younger than age 18. If we become aware that a child younger than 18 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 18 and believe that BTB has collected Personal Information from your child, please contact us at: ______
- Non-Identifying Information/Usernames: We also may collect other information, such as zip codes, demographic data, information regarding your use of the Service, and general project-related data (“Non-Identifying Information”). We may aggregate information collected from BTB registered and non-registered users (“BTB Users”).
Non-personal Information
We may collect the following non-personal information:
- User Content and Behavioural Information. We process the content you generate on the Platform, including preferences you set (such as choice of language), photographs and videos you upload and comments you make and information regarding your use of the Platform.
- Technical Information we collect about you. Upon using our website, you shall by default give us access to collect certain information from you including when you are using the App without an account. Such information includes but is not limited to your IP address, browsing history (i.e., the content you have viewed on the Platform), model of your device, the device system, network type, and operating system.
Information Sharing and Disclosure
- What we do with the information we gather.
We require this information to understand your needs and provide you with a better service, for the reasons including but not limited to:
- Provide, operate, and maintain our website, Internal record keeping/ data storage, etc.
- Improve, personalize, and expand our website
- Understand and analyze how you use our website
- Develop new services, features, and functionality
- Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
- From time to time, we may also use your information to contact you for analysis, survey or market research purposes. Such contact shall be made by us via registered email, phone, fax or mail provided by you. This information shall be used for the purpose of customizing our website according to your interests.
- We may also share your information with other members, subsidiaries, or affiliates, to provide the Platform including but not limited to improving and optimising the Platform, preventing illegal use and supporting users.
- To enforce and comply with the law, including conducting an investigation, to protect the property and rights of BTB, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity.
- BTB may share User’s personally identifiable information provided by the user with our resellers and partners, so that such partners may use such information to market BTB’s services, and to market their own services. BTB may engage certain trusted third parties to perform function and provide services to us, and BTB may share your personally identifiable information with these third parties, but only to the extent necessary to perform the functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain confidentiality of your data.
- In the event of a merger, consolidation or reorganization involving BTB, acquisition of BTB by another company, or other similar transaction, your personal information will, in most instances, be transferred to the control of the third party that is part of that transaction.
Log Files
- BTB follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analysing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.
- Cookies
- Web pages on this Website may contain cookies or related technology to facilitate your experience with this Website. Cookies are text files placed in your computer’s Internet browser to store your preferences. Cookies do not provide your email address or other Personal Information. We may also collect information on which web pages you visited, the links or advertisements you click on and other actions you take while on our website. BTB only obtains this information when you choose to provide it to the Website. However, once you choose to provide BTB with your Personal Information by entering it into this Website, such data may be linked to data stored in the cookies. You may disable cookies in your browser. However, certain functionalities of this Website may not work if cookies are disabled. (This is more specifically elaborated in our “Cookie Policy”.)
- Web pages on this Website may contain cookies or related technology to facilitate your experience with this Website. Cookies are text files placed in your computer’s Internet browser to store your preferences. Cookies do not provide your email address or other Personal Information. We may also collect information on which web pages you visited, the links or advertisements you click on and other actions you take while on our website. BTB only obtains this information when you choose to provide it to the Website. However, once you choose to provide BTB with your Personal Information by entering it into this Website, such data may be linked to data stored in the cookies. You may disable cookies in your browser. However, certain functionalities of this Website may not work if cookies are disabled. (This is more specifically elaborated in our “Cookie Policy”.)
Access to Personal Information
- We may permit certain trusted third parties to access your information in connection with their performance of services to maintain and operate the Site and certain features on the Site. For example, we may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders
- We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale, membership transfer, or other change in control.
- In addition, we may use or disclose personal information in the good faith belief that we are lawfully required to do so, or that doing so is reasonably necessary to protect you, to comply with legal process or the instructions of legal authorities, to respond to any claims, to enforce our legal rights, or to protect the rights, property or personal safety of ourselves, our employees, you, or members of the public.
- We may use non-personally identifiable information in the aggregate, so that we can improve the Site and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.
- Additionally, we may provide links on our Site to websites controlled by third parties
- We have no control over these websites and our privacy policy does not apply to these third-party websites. Please consult the privacy policy of the website you are visiting. sugarloveboutique.com does not sell, rent, loan or otherwise allow third party access to your information except as set forth above.
Security
We take a number of steps to protect your data, but no security is guaranteed.
BTB takes commercially reasonable steps to help protect and secure the information it collects and stores about BTB Users. All access to the Site is encrypted using industry security technology.
- Third Party
- BTB may contain links to third-party websites and services. When you click on links of third parties in an Application, the Services or the Site, you may leave the Application, the Services or the Site. Data collected by third parties is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties. We do not collect your information on and through and This Policy does not address, and we are not responsible for, the privacy practices of Web sites operated by third parties, whether they are linked to or otherwise accessible from an Application, the Services or the Site. The inclusion of a link or accessibility of third-party websites does not imply endorsement of such third party.
- The data that you transfer and share through BTB may be intercepted, collected, used and disclosed by third parties. We are not responsible for any interception, collection, use and disclosure of your information by any third party. Please choose other ways to transfer and share if you have higher security requirements.
- Users with Whom You Share Your Information
- We cannot control the actions of other users with whom you share your information. We cannot, and do not, control the information you share with other users using BTB or how such other users will use or share such information. We are not responsible for third party circumvention of our security measures.
- Do Not Track Policy
- The laws of some jurisdictions require that operators of website and online services disclose how they respond to a Do Not Track signal and whether other third parties may collect Personal Information about an individual’s online activities over time and across third-party websites or online services.
- Some browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the website or online service that a user visits, indicating that the user does not wish to be tracked. Because there is not yet a common, global understanding of how to interpret Do Not Track signals, BTB does not currently respond to Do Not Track signals.
- Changes To This Policy
We may change this Privacy Policy. If we make substantial changes, we will provide notice.
- BTB may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are substantial changes to the way we treat your Personal Information, we will display a notice through the Services prior to the change becoming effective. We may also notify you by email, in our discretion. However, we will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy.
- CONTACTING US – If you have any questions about this Privacy Policy, please contact us at: info@bytheboutique.com
BTB Digital Accessibility Statement
Effective 28/03/2022
BY THE BOUTIQUE (Hereinafter for the sake of brevity referred as “BTB”) is committed to providing an accessible experience to our customers and the public, regardless of background, nationality, race, ethnicity, gender, gender identity, sexual orientation, disability status, veteran status, or other similarly protected characteristics. This BTB Digital Accessibility Statement concerns our commitment to providing access to persons with disabilities.
Please contact our Coordinator a www.bytheboutique.com or send an email at: info@bytheboutique.com, to learn more about accessibility support services BTB.
Reasonable support
Individuals who need a reasonable support to access BTB’s services and information should send an email to info@bytheboutique.com to provide information about the nature of the requested support. Requesters must include contact information such as an email address or telephone number at which they can be reached. Depending on the nature of the request, BTB may need sufficient notice to provide a reasonable support.
Online Accessibility
BTB strives to provide an accessible digital experience for our users. In the event that a user with a disability experiences accessibility issues with our website or mobile application, please notify us by sending an email to info@bytheboutique.com. In your communication to us, please specify the nature of the accessibility difficulty, including the web address or mobile application that may have presented an accessibility challenge.
Third-Party Websites
BTB‘s website may contain links to webpages hosted by third parties. BTB does not make representations with regard to the accessibility of third-party websites and is not able to remediate accessibility barriers on such websites.
Feedback
We are always working to ensure that our products and services are accessible to all guests and the public, including individuals with disabilities. If you have an idea or question about accessibility support services at BTB, please contact our accessibility coordinator by sending an email to info@bytheboutique.com
NON-DISCRIMINATION STATEMENT
BY THE BOUTIQUE does not and shall not discriminate on the basis of race, colour, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of freelancer, clients and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our clients, freelancer, subscriber, Vendors.
BY THE BOUTIQUE gives an equal opportunity to everyone. BY THE BOUTIQUE will not discriminate and will take affirmative action measures to ensure against discrimination in services, recruitment, advertisements for services, compensation, termination, upgrading, promotions, and other conditions of services against any freelancer or client on the bases of race, colour, gender, national origin, age, religion, creed, disability, veteran’s status, sexual orientation, gender identity or gender expression.
PROPRIETARY RIGHTS INFRINGEMENT REPORTING PROCEDURES
BY THE BOUTIQUE (Hereinafter for the sake of brevity referred to as “BTB”, “our”, “us” or “we”) provides these Proprietary Rights Infringement Reporting Procedures (these “Procedures”) to inform you of our policies and procedures regarding claims of infringement of proprietary rights on our website, mobile app or web app located on the Site and collectively referred to as Site.
These Procedures may be updated from time to time. We will notify you of any material changes by posting the new Procedures on the Site. You are advised to consult these Procedures regularly for any changes. Continued use of the site shall ipso facto mean that you have agreed and consented to the terms and policies of the website.
If you are a proprietary rights owner and you believe BTB or someone is using BTB to infringe your proprietary rights, you may provide BTB with a written notice (the “Notice”) to BTB on its Email: info@bytheboutique.com
The Notice shall fulfill the requirements of the Indian Copyright Act, 1957.
In response to your Notice, BTB may remove or disable access to the allegedly infringing material, and take such other actions as we deem appropriate in our sole discretion. Please bear in mind that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a material is infringing.
If we remove or disable access, we will attempt to contact the infringer (if not BTB) of the allegedly infringing material so that the infringer may provide a counter notification (the “Counter Notice”) as described hereunder. Please note that for such infringement y third- party using the website/ platform created by BTB, we shall not hold any responsibility/liability towards such infringement caused.
Please include the following items in your Notice, and number them as follows:
Identify the proprietary rights that you claim are infringed. For example, identify your trademark or quote your copyrighted material
- Provide a URL or link to where the material is located, if possible.
- Identify the website, webpage, posting, profile, feedback, or other material that you claim infringes your proprietary rights. Provide information reasonably sufficient to enable us to locate it.
- Identify yourself by name. Provide your address, telephone number, and email address. Provide contact information for the owner or administrator of the allegedly infringing material, if possible.
- Include the following statement: “I have a good faith belief that the use of the material in the manner described is not authorized by the owner of the exclusive proprietary right, its agent, or the law.”
- Include the following statement: “The information in this notice is accurate.”
- Include the following statement: “I swear, under penalty of perjury, that I am authorized to act on behalf of the owner of the exclusive proprietary right that is allegedly infringed.”
- Sign and date the Notice.
The owner or administrator of the allegedly infringing material may provide BTB with a Counter Notice BTB’s addressed to Legal Department as follows:
BY THE BOUTIQUE
Email: info@bytheboutique.com
The Counter Notice fulfils the requirements of the Indian Copyright Act, 1957.
In response to a Counter Notice, BTB may reinstate the allegedly infringing material. Please bear in mind that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is not infringing the proprietary rights of others.
Please include the following items in your Counter Notice, and number them as follows:
- Identify the website, webpage, posting, profile, feedback, or other material that BTB has removed or to which BTB has disabled access.
- Identify the location at which the material appeared before it was removed or access to it was disabled.
- Identify yourself by name. Provide your address, telephone number, and an email address where we can contact you.
- Include a statement that you consent to the jurisdiction of the Bombay high court and that you will accept service of process from the person who provided the Notice or from an agent of that person in a said address to be supplied by you.
- Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each website, webpage, posting, profile, feedback or other material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Sign and date the Counter Notice
Please bear in mind that BTB cannot give you legal advice. If you have questions about whether certain proprietary rights are valid or whether certain material is infringing, you should contact an attorney/lawyer.