E-COMMERCE AND RETAIL PRACTICE
Electronic Commerce, often referred to as E-commerce, refers to buying and selling goods and services via electronic means. E-commerce does not only include various shopping/commerce/transaction websites, but also includes those buyers and sellers doing their business through WhatsApp or Facebook. In other words, e-commerce includes any interaction/transaction between buyers and sellers that is performed digitally or through any electronic means . Khurana & Khurana regularly assists its clients which include businesses ranging from Internet service providers to companies selling/buying goods and/or services over the Internet.
OUR OFFERINGS
We advise companies and individuals on e-commerce practices and policies that must be complied with, in order to establish themselves and enable themselves to operate commercial websites. We also represent e-commerce companies in a plethora of industries and assist them throughout the lifespan of their businesses, right from their initial formation and funding to formulating of an exit strategy.
We provide various advisories as well as drafting services with respect to the following issues:
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Drafting/Vetting “Click-through” contracts
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Drafting/Vetting intermediary/facilitator contracts
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Drafting/Issuing take down/infringement notices
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Drafting/Vetting supply/purchase/transaction agreements
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Drafting/Vetting Co-branding agreements
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Advising on content licensing, hosting, and other agreements for electronic rights management
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Domain Name acquisition
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Rendering associated Trade Mark or Service Mark services along with Domain name
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Rendering strategies to protect IP and proprietary rights
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Drafting Terms and Conditions, Terms of Use, Privacy Policy, among other like agreements/documents
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Other Online policies
Retail Industry
Organized Retail Sector in India is highly regulated by the Government, especially in terms of FDI. FDI in retail Industry could be distributed into Wholesale Categories (where goods are sold to everyone excluding end consumer), Single Brand Retail (entities selling goods of one brand), Multi-Brand Retail (entities selling goods of various brands), and Food Retail (entities selling food-related products including online food selling companies).
Legal and business issues such as workforce management, class-action litigation, global sourcing financings, data protection, health-care reform, state tax issues, and ever-changing technology, among others, which impact the retail industry, need quick and appropriate legal assistance, advisories, and action. Khurana & Khurana provides a strong service and innovative legal solutions to help clients in the retail sector meet unique business challenges.
ADVISORY AND DRAFTING SERVICES FOR E-COMMERCE
Contracts and Agreements:
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Drafting/Vetting “Click-through” contracts.
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Drafting/Vetting intermediary or facilitator agreements.
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Drafting/Vetting supply, purchase, or transaction agreements.
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Drafting/Vetting Co-branding agreements.
Infringement and Compliance:
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Drafting/Issuing take down or infringement notices.
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Advising on content licensing, hosting, and electronic rights management.
At Khurana & Khurana, we offer specialized advisory and drafting services tailored to address a wide range of e-commerce legal and operational needs.
Domain and IP Services:
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Domain name acquisition.
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Associated trademark or service mark services with domain names.
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Strategies to protect intellectual property and proprietary rights.
Policies and Documentation:
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Drafting Terms and Conditions, Terms of Use, and Privacy Policies.
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Developing other essential online policies and agreements.
Our goal is to provide end-to-end support to ensure your e-commerce business complies with regulations, protects its intellectual assets, and fosters a secure and trustworthy online presence.
OUR OFFERINGS TO CLIENTS
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Advising on entry strategy/ structuring of business/ formulation of the business model for e-commerce and retail companies, in line with the business objective and regulatory environment;
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Advising on potential risks
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Advising on Mergers and Acquisitions, Incorporation and registration related issues;
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Advising and assistance to e-commerce and retail companies incorporate commercial issues such as FDI Regulations, Tax implication, Competition Law Issues, and Intellectual Property law issues, etc;
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Drafting, negotiation and finalizing various commercial contracts and agreements such as Licensing, agreements, Supply and Distribution contracts, Vendor Contracts, Internet Contracts, Loyalty Program Agreements, Confidentiality agreements, joint venture Agreements, Lease Agreement, etc;
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Advising on labelling, packaging, legal metrology, and censorship rules and regulations;
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Advising on State Shops & Establishment Act, Labour & Employment laws;
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Advising on EU General Data Protection Regulations, Data Privacy, Cross-border movement of data and other privacy-related issues;
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Advising on Information Technology Laws issues such as online payment processing (national and international sellers), e-wallet, e-KYC, cyber security, etc;
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Advising on other Important Laws for e-commerce and retail business such as Labour and Employment Law, Food Safety Law, Consumer Protection Law, Anti-Trust Law, etc;
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Advising on and undertaking all IPR related works including registration of trademark and patent for the companies, drafting licensing and assignment agreements for trademark and patents;
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Obtaining bar codes, IEC (Import-Export codes), obtaining approvals under Food Security Act, Packaging of Commodities Rules, 1977, Food Adulteration Act, regulations for import and export of commodities, labelling, and packaging of products, etc;
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Due Diligence for appointment of agents and distributors;
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Protection of brands, conducting IP due diligence;
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Obtaining bar codes, IEC (Import-Export codes), obtaining approvals under Food Security Act, Packaging of Commodities Rules, 1977, Food Adulteration Act, regulations for import and export of commodities, labelling, and packaging of products, etc;