Welcome to OHAANSZ
WHAT INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following Information about you:
· Information that you provide by filling in forms on our Platform, including information provided at the time of registering to use our Platform and other co- registrations (e.g. social media logins), subscribing to our Services, posting material or requesting further services;
· The Information you provide when you enter a competition or promotion via our Platform, provide reviews, testimonials or feedback on our Platform;
· Information you provide us, or that we may collect from you, when you report a problem with our Platform;
· A record of correspondence if you contact us;
· General, aggregated, demographic and non-personal Information;
· If you download or use our mobile application, we may have access to details about your location and your mobile device, including a unique identifier for your device;
· Details of transactions you carry out through our Platform and of the fulfilment of your orders;
· Details about your computer, including but not limited to your IP address, operating system and browser type, as well as information about your general internet usage (e.g. by using technology that stores information on or gains access to your device, such as cookies, tracking pixels, web beacons, etc., (together, "Cookies"));
· Your email address from a third party if you indicate that you have consented to that third party sharing your Information with us; and
· Any other Information we consider necessary to enhance your experience on the Platform.
HOW WE WILL USE YOUR INFORMATION
We may use Information held about you in the following ways:
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes
- To provide you with location-based services, such as advertising, search results and other personalized content
- To carry out our obligations arising from any contracts entered into between you and another entity using our Platform or between you and us
- To improve our Services and to deliver a better and more personalized service to you
- To ensure that content from our Platform is presented in the most effective manner for you and the device you use to access our Platform
- To notify you about changes to our Services
- For any other reason which we deem necessary to enhance your experience of the Platform
- To administer and manage our incentives programs and fulfill your requests for incentives, and/or to allow you to participate in sweepstakes and to notify you if you are a sweepstakes winner.
TO WHOM WE MAY DISCLOSE YOUR INFORMATION
Other Businesses. To offer you our Services, we may engage with businesses who are affiliates of us and/or non-affiliated service providers (e.g. logistics businesses used to deliver products to you, marketing companies, payments processers to process online transactions, etc.). We may involve other businesses in your transactions, who may store your Information in a digital wallet to make your use of our Services more efficient.
You understand that it is important that such businesses have access to the relevant Information to perform their functions. We will ensure that these businesses do not use your Information for other purposes. We may also receive Information from these business (e.g. updated delivery and address information), which we may use (e.g. to correct our records and deliver your next purchase). By using our Platform, you hereby freely and specifically consent to the transfer, storage, use, and disclosure of your Information among businesses who are affiliates of us and/or non-affiliated service providers, wherever located. These businesses shall be contractually bound to respect the confidentiality of your Information.
Marketing and Promotional Offers. We may also use your Information to provide you with information about goods and services which may be of interest to you and enhance your Platform experience, service messages, new features, enhancements, special offers and events of interest. We may contact you via various channels, including without limitation emails, push notifications, web notifications, post, telephone, in-app messages and news feed cards.
We may permit third parties to use your Information. For example, we may provide advertisers Information to help them reach the kind of audience they want to target and to enable us to comply with our commitments to our advertisers (e.g. by displaying their advertisements to a target audience).
Additionally, you may be asked to provide additional Information to participate in some of our market research activities, including competitions and promotions. For example, if you win a competition, you may be asked to provide further personal data to establish your eligibility and provide you with the prize. This Information may be collected by us or our co-sponsors or vendors for the promotion. Note that you should review such third parties’ privacy policies to see how they may use any information that they collect.
Business Transfers. In the event that we or substantially all of our assets are acquired, customer information will be one of the transferred assets.
Protection of Our Platform and Others. We release account and other Information when we believe such a release is appropriate to comply with the law and law enforcement investigations and to protect the rights, property or safety of our users or others. This includes exchanging information with other companies and organizations for various reasons, such as fraud protection and credit risk reduction.
Note that our Platform may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data or other information to these websites.
CHOICE / OPT- OUT
Www.Ohaansz.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 limeroad.com lists and newsletters, please visit Www.Ohaansz.Com/Unsubscribe
ADVERTISEMENTS ON OHAANSZ.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.
Consequences of incomplete/frivolous reporting
If the Notice of Infringement is incomplete in any manner or OHAANSZ is of the opinion, in its sole discretion, that the Notice of Infringement is frivolous and/or fake, OHAANSZ 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, OHAANSZ will re-list your products on the Website only if it is satisfied, in its sole discretion, of the genuineness of your Withdrawal Claim. OHAANSZ 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 OHAANSZ will exercise its discretion based on the documents and information provided by you and shall not independently verify the genuineness of you claim. Accordingly, OHAANSZ shall not be held liable in any manner for any act/omission, so far as OHAANSZ exercises reasonable and due diligence with respect to any Notice of Infringement and/or a Withdrawal Claim. You acknowledge that OHAANSZ 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.
OHAANSZ’s Limitation of Liability
PIP Program has been launched by OHAANSZ to merely facilitate and assist people and organizations to protect their Intellectual Property rights. As mentioned above, OHAANSZ is a mere technology and infrastructure service provider. OHAANSZ provides merely platform to buyers and sellers to conclude their transactions online. OHAANSZ neither guarantees protection nor is responsible for infringement of Intellectual Property rights of any person. We are providing Www.Ohaansz.Com as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. OHAANSZ 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.
HOW WE STORE YOUR INFORMATION
WHAT SECURITY MEASURES WE APPLY
It is important for you to protect yourself against unauthorized access to your password and to your devices used to access our Services. You are responsible for keeping your password confidential. For example, ensure that you sign off when you have finished using a shared device.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Information, we cannot guarantee the security of your Information transmitted to our Platform and any transmission is at your own risk.
HOW CAN YOU ACCESS AND AMEND YOUR INFORMATION?
You are able to access a broad range of information about your account and your interactions with the Platform for the purpose of viewing and, in certain cases, updating your Information.
Examples of information you can access easily at the Platform include:
a. Up-to-date information regarding recent orders;
b. Personally identifiable information (including name, e-mail, password, communications and personalized advertising preferences);
c. Payment settings (including credit card information); and
d. Email Notification settings.
You can opt-out of receiving future marketing communications from us at any time by adjusting your customer communication preferences, through the unsubscribe link within the email communication. For marketing via your mobile application, you will need to adjust your notifications settings in the general section of your mobile.
Also, our system will place cookies when you log on to our Platform and this is to ensure you have an enjoyable user experience and are able to utilize all aspects of the Platform. You may disable Cookies by changing the settings on your browser. If you disable Cookies, it will affect how our Platform works and you may not be able to access or use certain areas of our Platform or full functionality. For example, performance cookies collect information about how you use the Site, for instance, which pages you visit most often, which allows us to provide you with targeted and relevant choices that enhance your Site experience.
We may retain a copy of your Information for compliance reasons. When you update Information, we may retain a copy of the prior version for our records.
We may e-mail periodic reminders of our notices and conditions, but you should check our Platform frequently to see recent changes.
HOW YOU CAN CONTACT US
If you have any concerns about your Information on the Platform, please contact us at email@example.com with a thorough description, and we will try to resolve it.
INTELLECTUAL PROPERTY RIGHTS PROTECTION
OHAANSZ is dedicated to providing customers with the widest selection of goods on Earth and to creating an amazing customer experience. OHAANSZ does not allow listings that violate the intellectual property rights of brands or other rights owners.
This page provides information about intellectual property (IP) rights and common IP concerns that might arise when selling on OHAANSZ. This is not legal advice. You should consult a lawyer if you have a specific question about your IP rights or the IP rights of others.
It is important to make sure that the goods you are selling do not violate copyright or you could lose your selling privileges and face potential legal consequences.
You might be able to sell someone else’s copyrighted work on OHAANSZ if you have received permission from the copyright owner or where you are reselling genuine, lawfully purchased physical items.
Trademarks may also benefit from copyright protection, particularly if the trademark is a logo, design, or three-dimensional shape.
What is a trademark?
A trademark is a word, symbol, or design, or a combination of the same (such as a brand name or logo) that a company uses to identify its goods or services and to distinguish them from other companies’ goods and services. Put another way, a trademark indicates the source of goods or services. Generally, trademark laws exist to prevent customer confusion about the source of goods or services.
Example: “OHAANSZ” is a trademark we use for many of our goods and services. Other OHAANSZ trademarks contain both pictures and words, such as the “Available at OHAANSZ” trademark.
A trademark owner usually protects a trademark by registering it with a country-specific trademark office (being the Trademark Department at the Ministry of Economy in the UAE). Trademark protection is territorial by nature, i.e., the geographic scope of protection for trademarks is limited and depends on the place of registration: for example, national trademark registration in the UAE does not give trademark protection in Saudi Arabia.
In some cases, in the UAE, a person or company might have trademark rights based only on the use of a mark in commerce, even though the mark was never registered. Those rights are known as unregistered trademarks and come into existence only under very limited conditions.
What do trademarks protect?
Generally, trademark law protects sellers of goods and services from the misappropriation of their trademarks by unlicensed third parties, in particular where there is potential to cause customer confusion about who manufactures, endorses, or is affiliated with particular goods or services.
A trademark owner may stop others from using a particular mark (a) for goods or services which are identical to those for which the owner has registered his mark; (b) for goods or services that are similar to that of the registered mark if it is likely that customers may be confused (even if the mark used is not identical but only similar); or (c) if the Rights Owner’s mark has developed a reputation in the country in question and where use of the Rights Owners mark or similar mark may cause unfair competition or detriment to the Rights Owners brand.
What types of trademarks are displayed on OHAANSZ?
Trademarks are often displayed on OHAANSZ’s product detail pages in the form of product and brand names listed on a product detail page.
Do I always need the rights owner’s permission to use a trademark?
Just because you are not the owner of a trademark, it does not necessarily mean that you cannot sell the rights owner’s product. If the product in question is genuine you are permitted to sell that specific product. However, note that the rights owner can prohibit the use of the mark if there exist legitimate reasons to oppose further commercialization of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.
Almost all other unauthorized uses of a trademark constitute an infringement; if you are unsure whether your use violates someone else’s trademark, you should consult a lawyer before listing on OHAANSZ.
As a seller, when can I use someone else’s trademark?
Typically, a seller can use someone else’s trademark in the following circumstances:
When selling authentic goods, a seller may use a trademarked name to list those authentic goods.
When using a trademarked word in its ordinary dictionary meaning and where it is not being used as a brand name.
You may be able to make a truthful statement that a product is compatible with a trademarked product
How can I make sure that I am not violating trademark law when selling on OHAANSZ?
It is important to make sure that the goods you are selling, and the content of your listings, do not violate a trademark or you could lose your selling privileges and face potential legal consequences. When you decide to sell goods on OHAANSZ, ask yourself the following questions:
Are the goods I am selling from a reputable distributor/ or a registered commercial agent (in respect of which, please see more information below)?
How did I acquire these goods, and will I be able to prove they are authentic if the question arises?
Will the way I am describing these goods cause customer confusion.
Did I use a brand name or trademark in a non-confusing and truthful manner to describe compatibility (generally allowed) instead of similarity (not allowed) and does the local law allow such use?
What is Counterfeiting?
Counterfeiting is a specific type of trademark infringement. A counterfeit is an unlawful reproduction of a registered trademark—or a mark that is very similar to a registered trademark— on a product or packaging. OHAANSZ does not permit the sale of counterfeit products.
A lookalike item sold on a separate product detail page without the improper use of a registered trademark is not a counterfeit, even though the item might look similar or identical to the trademarked product. However, lookalike products may infringe upon trademark or other intellectual property rights, such as copyright or design rights, or constitute (in some countries) unfair competition/passing off.
What is a patent?
A patent is a form of legal protection for inventions. An issued patent grants its owner the right to exclude others from making, using, offering to sell, selling or importing the invention into the country which granted patent protection for a fixed number of years.
Are there different types of patents?
Not in the UAE. Other countries distinguish different patent types, though. For example, in the United States there are two principal types of patents: utility patents and design patents.
What is the difference between a patent, trademark, and copyright?
A patent is different from a trademark in that it protects an invention (such as a new machine) rather than a word or logo used to identify the source of the product (such as the brand name of the product). A patent is different from copyright in that it does not protect the expressive content of creative work like a book or a picture, but protects a specific invention, such as a new method of printing books or a new type of camera.
The World Intellectual Property Organization offers resources to learn more about patents.
How can I make sure that I do not violate someone’s patent when selling on OHAANSZ?
The manufacturer or authorized distributor of a product might be able to assist you with patent-related issues. If you are unsure whether your content or product violates someone else’s patent, you should consult a lawyer before listing on OHAANSZ.
Parallel imports and commercial agencies
What is a parallel import?
A parallel import is a genuine product imported from another country without the permission of the intellectual property owner. Intellectual property rights owners (in particular trademark owners, copyright holders and their licensees) may try to prohibit you from importing or selling their goods in UAE, if you sourced them from outside the UAE.
If you intend to list branded products or media items, for example on OHAANSZ’s UAE marketplace which you source from another country, make sure that the products in question are genuine.
Parallel import of goods sourced outside the UAE for sale in the UAE with the rights owner's consent could still affect customer experience if the non-UAE product differs from the local version in any way (for example, packaging, warranty coverage, product variations) and in particular, you may find that the warranty that comes with the product may not be upheld by the original manufacturer. Consequently, it is essential to describe your product appropriately to avoid negative customer feedback.
What are commercial agencies and how could they impact my selling of goods?
It is possible for rights holders to appoint commercial agents in the UAE to act as their official importer and distributor for an entire brand or for certain products within a brand, in respect of all or a part of the UAE. That agent may be eligible to register the commercial agent for the products covered. Additionally, this registration can be mandatory for certain products.
If eligible, an effect of registering the agency agreement is that the agent is granted the exclusive right to import and sell the products for the first time in the UAE. Consequently, if a third party tries to import, distribute or sell a product that has not been sourced from the commercial agent in the territory that the commercial agency covers and for which there is a registration, the commercial agent may be able to stop those sales or further sales from being made, or even make a claim for the profits made from those sales (even where the product was sourced from an authorized supplier in another country).
If you intend to list branded products on OHAANSZ's UAE marketplace, and you or believe that the branded products are subject to a registered commercial agency agreement, then please seek legal advice to ensure that you are able to sell your products.
What is a utility model?
A utility certificate is another form of legal protection for inventions, but for so-called “minor inventions.” The registration system is similar to the patent system and similar to a patent, a registration number is provided for any invention that is covered by the utility certificate.
What is the difference between a utility model and a patent?
In its basic definition, a utility model is very similar to a patent, except that the requirements for acquiring a utility model are less stringent than for patents (quicker registration without the examination of novelty, inventive steps and industrial applicability). The term of protection is also shorter than for a patent.
How can I make sure that I do not violate someone’s utility model when selling on OHAANSZ?
The manufacturer or authorized distributor of a product might be able to assist you with utility model-related issues. If you are unsure whether your content or product violates someone else’s utility model, you should consult a lawyer before listing on OHAANSZ.
What is a design?
A design is a form of legal protection for the appearance of the entire product or a part of it which results, in particular, from the characteristics of line, contours, colors, form, surface structure, and/or materials of the product and/or its decoration. Any industrial or handicraft item including packaging, graphic symbols, and typefaces qualifies as a product. Parts of products that can be taken apart and reassembled can also be protected.
Designs are territorial: A design owner usually protects a design by registering it with the International Center for Patent Registration in the Ministry of Economy in the UAE.
The UAE does not have specific laws to protect unregistered designs. However, whilst a product may not benefit from unregistered design right laws, it is possible that its owner may be able to rely on other intellectual property rights to prevent sales, such as copyright, or trademarks.
How can I make sure that I do not violate someone’s design when selling on OHAANSZ?
The manufacturer or authorized distributor of a product might be able to assist you with design-related issues. If you are unsure whether your content or product violates someone else’s design, you should consult a lawyer before listing on OHAANSZ. The World Intellectual Property Organization offers resources to learn more about designs.
What to do if your account receives a warning or suspension
What happens when I receive a warning that my listing is being removed due to a report of intellectual property rights infringement? What if I own the rights to intellectual property?
If you receive a warning for infringement, you will have several options to appeal or dispute the claim:
If you receive a warning for a product you never sold on OHAANSZ, reply to the notification you received and let us know that you have never sold the reported product. We will investigate to determine if an error occurred.
If you have an established relationship with the rights owner who submitted the complaint (license, manufacturing or distribution agreement, etc.), we encourage you to reach out to the rights owner and request that the complaint be retracted. If we receive a retraction from the rights owner, your content may be reinstated. The rights owner’s contact information is provided in the warning you received.
If you believe that a rights owner, or OHAANSZ, made an error when removing your product listing, reply to the notification you received and provide specific reasons as to why you believe a mistake was made. Provide any invoice or Order ID that demonstrates the authenticity of the product, where appropriate. We will then re-evaluate the notice and your content may be reinstated.
What do I do if I have received multiple warnings of intellectual property infringement?
If you have received multiple warnings of intellectual property infringement and you believe you are selling authentic products, appeal via your Seller Central account with the following information:
· A list of the allegedly infringing ASINs and at least one of the following:
· Invoices proving the authenticity of your products;
· Order IDs demonstrating product authenticity;
· An authorization letter from the rights owner or registered commercial agent if applicable (that is not a forwarded email).
What do I do if my account has been suspended?
If your account has been suspended as a result of rights owners submitting notices of intellectual property infringement against your products or content, you can provide us with a viable Plan of Action that includes the following information
The reason(s) you were selling allegedly infringing products and/or uploaded allegedly infringing content.
· The steps you have taken to ensure that you are no longer infringing.
· How you will avoid infringement in the future.
You should send your Plan of Action via your account dashboard or reply to the account suspension notification that you received. We will evaluate your Plan of Action and determine if your account may be reinstated. Note that Ohaansz terminates the accounts of repeat infringes in appropriate circumstances.
What if I didn’t know I was violating someone’s intellectual property?
Sellers are expected to follow the law and OHAANSZ’s policies. OHAANSZ takes claims of intellectual property infringement seriously. Even if a seller is infringing on someone’s intellectual property without knowledge, we will still take action and the seller’s account may receive a warning or be suspended. You should consult a lawyer for help to ensure that your business has the right procedures in place to prevent IP infringement.
All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on this Site are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without our written permission. Misuse of any trademarks or any other content displayed on the Site is prohibited.
We will not hesitate to
take legal action against any unauthorized usage of its trademarks, name or
symbols to preserve and protect its rights in the matter. All rights not
expressly granted herein are reserved. Other product and company names
mentioned herein may also be the trademarks of their respective owners.