360Ghar is committed to respecting legal requirements and user rights concerning content posted on our platform. This Takedown Policy outlines how unlawful or policy-violating content can be reported and how 360Ghar will respond. It covers intellectual property infringement claims (like copyright), defamation, privacy violations, and other illegal content as defined under Indian law and our Content Guidelines.

1. Reporting Unlawful Content

If you believe any content on 360Ghar is unlawful or violates your rights, you should notify our Grievance Officer with the following details:

Your Information: Name, contact details (email and phone number), and a statement of your relationship to the content (e.g., "I am the person defamed in the comment" or "I am the copyright owner of the photo used in this listing"). If you are acting on behalf of someone (like an attorney or authorized agent), provide proof of authority.
Content Identification: Clearly identify the content in question. Provide URLs/specific location in app, screenshots if possible, and describe it. For example, "Property listing ID 12345 - the third photo is my copyrighted image" or "Review comment by user X on [date] contains defamatory statements about me."
Nature of Complaint: Explain why the content is unlawful or violates rights. If it's copyright or trademark infringement, include proof of ownership (like registration certificates or links to original work) and a statement that the use is unauthorized. If it's defamation, explain why it's false and injurious. If privacy, specify what personal information is exposed without consent. If it falls under categories like obscenity, hate speech, etc., explain briefly (we likely can tell by inspection, but context helps).
Legal Basis (if any): You can reference relevant laws or court orders if you have any. E.g., "This content violates Section 67 of IT Act (obscenity)" or "Delhi High Court injuncted this content via order XYZ, copy attached." If you have a court order directing removal of certain content, attaching it will expedite removal as per Section 79 of IT Act safe harbour rules.
Declaration: For IP infringement or defamation claims, it's helpful (and may be legally required for DMCA-like process) to include a statement that: "I have a good faith belief that use of the material complained of is not authorized by the owner, its agent, or the law" (for IP) or "The information in this notice is true to my knowledge and I am complaining lawfully and not for any improper purpose." Also include a statement that you are prepared to indemnify 360Ghar against any false claims in your notice (this deters fraudulent complaints).

Send this notice to grievance@360ghar.com. You may also send physical notices to our office when established (currently email is more effective). We encourage email for speed.

2. 360Ghar's Response and Timeline

Once we receive a content complaint:

Our Grievance Officer will acknowledge receipt within 24 hours (per IT Rules), usually via email reply. We might ask for clarifications if the notice is incomplete.
We will review the complaint for validity. If it clearly falls under prohibited categories (like nudity, impersonation, etc.), we may remove or disable access to the content immediately as a precaution. For example, if someone reports a user has posted their PAN card image publicly, we'd likely remove it straight away as a privacy violation.
For more complex issues (like defamation or copyright where context is needed), we may evaluate the content and possibly seek legal advice. We might also inform the user who posted the content and seek their response, especially in defamation cases - this is not always required, but for fairness we may do so. However, if we believe the content is prima facie infringing or unlawful, we reserve the right to take it down first to limit liability and then hear any counter-notice from the uploader later.
In line with Indian law, if we receive an order from a court or an appropriate government agency directing removal of certain content (for reasons such as sovereignty, security, etc.), we will comply within 36 hours of receiving that order. For example, a court injunction on defamatory content will be executed promptly. Similarly, any government notification under law (by an authorized agency) about unlawful content will be honored in the stipulated time.
Absent a court/government order, user complaints of policy violations or illegal content will be resolved within 15 days from date of receipt (as mandated by IT Rules for grievance redressal). We strive to act faster whenever possible, especially for clear-cut issues. You will be informed of the resolution: e.g., content removed, or if we decide to retain it (with reasoning, unless obvious). If content is removed, we'll usually also notify the user who posted it and provide them reason and possibly your complaint details (minus personal contact info, unless necessary).
If the original poster believes their content was removed unfairly (say, they have rights or the complaint was incorrect), they can file a counter-notice or appeal with us. Our Grievance Officer will review such appeals. In some cases, disputes about content might need resolution in court - we may take a neutral stance and let the parties resolve legal claims externally if it's not obviously illegal to us. But as an intermediary, our bias will be toward erring on side of caution (removing contested content to respect rights and laws, given safe harbour conditions).

3. Intellectual Property Takedowns

Copyright: 360Ghar respects copyright owners. If you believe your copyrighted work is being used on our platform without permission, send us a copyright infringement notice (containing the details outlined above). We may disable access to the content while evaluating. We follow a notice-and-takedown approach akin to DMCA principles (though under Indian law). The user who posted the content may send a counter-notice if they believe they had the right (for instance, fair use or a license). We might restore the content if a valid counter-notice is received, unless the complainant seeks a court order within a reasonable time. Repeat copyright infringers will have their accounts terminated.
Trademark: If you own a trademark and find its unauthorized use in a way that confuses users (e.g., someone falsely claiming to be your brand or using your logo), let us know. We may remove or moderate content that misuses trademarks in a misleading manner (for example, a fake profile claiming to be an official account of a known builder, or someone using a company logo in their listing to falsely suggest endorsement).
Other IP: For patent infringement or trade secret issues (less likely on a real estate platform), contact us with necessary info and we will address on a case-by-case basis.

4. Other Unlawful Content

If content falls under categories like those listed in our Content Guidelines (hate speech, obscene material, threats to national security, etc.), users can report as described. We will evaluate under the prism of applicable law (IPC, IT Act, etc.). For instance, any content that appears to offend religious sentiments or could incite violence will be assessed under relevant sections (like 295A of IPC, etc.) and if found violative, removed and possibly reported.

5. Transparency

We maintain records of all content complaints and takedown actions. As an intermediary, we also publish compliance reports periodically (if mandated by law) mentioning the number of grievances received and actions taken. Complainants' identities are kept confidential in these reports. For significant social media intermediaries, a grievance appellate committee route is available (though 360Ghar is not a social media platform per se, if ever categorized as such due to user content volume, we will comply accordingly).

6. Good Samaritan and Voluntary Removal

360Ghar reserves the right to remove any content that we independently discover to violate our policies or the law, even if no complaint is received. Such removal is done in good faith to keep the platform safe. We also may cooperate with law enforcement proactively if we find content that indicates a serious unlawful act (like human trafficking, explicit pornographic posts, etc.). However, we are not under an obligation to monitor all content at all times - as an intermediary, we primarily act when notified, except for certain automated filtering (e.g., known pornographic hash lists, etc., if implemented).

7. Restoring Content

If content was removed due to a notice that later turns out to be false or withdrawn, we will consider restoring it (and re-enabling user's account if it was suspended). We will notify users accordingly. In case of counter-notices for copyright: if a user submits a sworn counter-notice that the removal was mistaken, we might restore the content in 10 business days unless the original complainant informs us they have filed court action to restrain the user. This follows a standard safe harbor process.

8. No Liability for Removal

As stated in our Terms, 360Ghar cannot be held liable for removing or disabling access to content in response to any notice or on voluntary basis. By our policies, we may remove content that even potentially violates laws to avoid legal risk. Users have agreed that such takedowns by 360Ghar do not breach any obligation to them. We base our decisions on the information at hand and our legal responsibilities, aiming to err on the side of safety and legality.

This Takedown Policy is meant to comply with Section 3(2) of the Intermediary Guidelines Rules 2021 and other relevant laws. It may be updated as laws change (for example, if the new DPDP Act requires new procedures for personal data related content takedown, we will incorporate that).

If you have any questions about this policy or need to follow up on a report you made, please contact grievance@360ghar.com with reference to your original complaint. We appreciate your cooperation in keeping the 360Ghar platform trustworthy and lawful.