What You Need To Know


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WEBSITE TERMS OF USE

MARKETPLACE TERMS AND CONDITIONS

TAKEDOWN POLICY

WEBSITE TERMS OF USE

Welcome to our website.  This website is owned and operated by Teknocrat Pte Ltd trading as Teknocrat its successors and assignees (we, our or us).  It is available at: www.teknocrat.com (Site) and may be available through other addresses or channels.

These Terms of Use (Terms) govern your, the person, organisation or entity that uses our Site (referred to as you or your) use of our Site and form a contract between you and us if you use the Site.  Please read these Terms carefully.  If you have any questions, please contact us using the contact details below.  Your use of the Site indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms.  

Information: The information, including statements, opinions and documents, contained in this Site (Information) is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  Any reliance you place on the Information is at your own risk.  Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion.  Your use of our Site following any amendments indicates that you accept the amendments.  You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.

Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Site.

Licence to use the Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal and/or internal business use, in accordance with these Terms.  All other uses are prohibited without our prior written consen

‚ÄčProhibited conduct: You must not:

1. Use the Site for any activities, or post or transmit any material from the Site:
a. unless you hold all necessary rights, licences and consents to do so;
b. that infringes the intellectual property or other rights of any person;
c. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
d. that defames, harasses, threatens, menaces, offends or restricts any person;
e. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
f. that would bring us, or the Site, into disrepute;
g. Interfere with or inhibit any user from using the Site;

2. Use the Site to send unsolicited email messages;

3. Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or

4. Facilitate or assist another person to do any of the above acts.

Copyright and intellectual property rights: Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site.  We own the copyright which subsists in all creative and literary works displayed on the Site.

You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights.  Your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.

You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:

1. altering or modifying any of the code or the material on the Site;
2. causing any of the material on the Site to be framed or embedded in another website; 
3. creating derivative works from the content of the Site; or
4. using the Site for purposes other than those expressly contemplated by the Site.

Republishing: You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the following grounds:

1. you must make no alterations to the material;
2. you must attribute the material to our Site, including linking back to our Site where possible; and
3. you must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.

Privacy: We are committed to protecting your privacy. Please read our Privacy Policy which is available on the Site. By agreeing to these Terms, you agree to accept our Privacy Policy.

Your content:  If you choose to add any content on the Site, you:

1. warrant to us that you have all necessary rights to post the content;
2. grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
3. you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

Third party information: The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information).  We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information.  You should make your own investigations with respect to the suitability of Third Party Information for you. 

Third party links and websites: This Site may contain links to websites owned by third parties (Third Party Sites).  We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites.  You should make your own investigations with respect to the suitability of Third Party Sites for you.

Reservation of rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion. 

Delays and outages: We are not responsible for any delays or interruptions to the Site.  We will use commercially reasonable efforts to minimise delays and interruptions.  We cannot warrant that the Site will be available at all times or at any given time.  We may at any time and without notice to you, discontinue the Site in whole or in part.  We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

Limitation of liability: To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site.

To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.

Disclaimer: The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose.  We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time. 

While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

1. the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
2. Third Party Information; or
3. Third Party Sites.

You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.

Indemnity: By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

1. your use of or access to the Site;
2. any breach by you of these Terms; or
3. any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the Site.  These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Breach: You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site.  By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable.  If you do not think they are reasonable you must not use the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal.  If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you.  If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.  All rights not expressly granted in these Terms are reserved.

Exclusion of competitors: You are prohibited from using the Site, including the Information, in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use.  We reserve the right to exclude any person from using the Site and Information, in our sole discretion.

Enforceability: If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction.  This will not affect the remainder of these Terms, which continue in full force and effect. 

Further assurances: Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.

Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process.  Please notify us in writing of any dispute you may have.

Jurisdiction: Your use of the Site and any dispute arising out of your use of it is subject to the laws of Victoria and the Commonwealth of Australia.  These Terms are governed by the laws of Victoria and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Victoria.  The Site may be accessed throughout Australia and overseas.  We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

 

For questions and notices, please contact us at:

Teknocrat Pte Ltd t/as Teknocrat

Email: [email protected]

 

Last update: 18 February 2016. These terms are the property of Teknocrat Pte Ltd and unauthorised usage or reproduction is not permitted.

 

MARKETPLACE TERMS AND CONDITIONS

Teknocrat Pte Ltd t/as Teknocrat (referred to as Teknocrat, we us or our) provides a digital marketplace between:

individuals and/or companies who advertise, and offer for sale, and/or license logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secret and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property) and new technological ideas and concepts (Inventors) and individuals and/or companies who buy and/or license the Intellectual Property and new technological ideas and concepts (Recipients) from the Inventors; and

Recipients and individuals and/or companies who assist the Recipient in developing, promoting, advertising, offering for sale and licensing their Intellectual Property and new technological ideas and concepts (Collaborators) (collectively, the Services).  The Services are available on the Teknocrat website at www.teknocrat.com (Site).  

 

Contract

These Marketplace Terms and Conditions (Terms) form a binding legal agreement between Teknocrat, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services, including Inventors, Recipients and Collaborators (referred to as Users, you or your). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully.  If there are any questions, the User is encouraged to contact Teknocrat using the contact details at the end of these Terms.

The User’s use of the Site and the Services indicates that:

the User has had sufficient opportunity to access the Terms and contact Teknocrat;

the User has read, accepted and will comply with the Terms;

the User has legal capacity to enter into a contract for sale; and

the User is 18 years or older, or if younger than 18 years, the User has the approval of its parent or guardian. 

If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.

These Terms may be amended from time to time, without prior notice.  Use of the Services following any such amendments will be deemed to be confirmation that the User accepts those amendments.  Teknocrat recommends that each User check the current Terms, before continuing use of the Services. Teknocrat’s agents, employees and third parties do not have authority to change the Terms.

These Terms supplement and incorporate:

The Teknocrat policies and terms and conditions, including without limitation the Website Terms of Use, Teknocrat Takedown Policy and Privacy Policy posted on the Site;

the Stripe Terms of Service including, without limitation, the user agreement; and

Teknocrat’s Privacy Policy sets out how Teknocrat collects, uses and protects the personal information of its Users.  Teknocrat’s Website Terms of Use govern your use of the Site.  These documents are available on the Site.

Service

The Site provides;

a searchable directory by which Inventors can create a listing (Listing) on the Site and advertise the sale and/or licensing of their Intellectual Property and new technological ideas and concepts (Inventor Products);

an online introductory platform which allows Inventors, Buyers and Collaborators (collectively the Parties and each a Party) to connect and communicate for the purpose of selling, purchasing or licensing, as the case may be, Inventor Products at a price to be mutually agreed upon by the parties (Agreed Fee); and

support services and facilities, as listed on the Site.

An Inventor must set out all relevant information in a Listing as indicated on the Site, including but not limited to, a concise, precise and accurate description of the Inventor Product and the purchase price. The Inventor acknowledges and agrees that they are bound to deal exclusively with Teknocrat for a period of twelve (12) months after the date of Listing.

A Buyer will be able to pay for the Inventor Product through the Site. When a Buyer orders an Inventor Product (Purchase), they accept any terms and conditions set out in the relevant Listing.

Each User may create a profile as per information requested on the Site (Profile).

Each User can view the Profiles of every other User, and the Parties can contact each other via the private messaging facility provided on the Site.

Each User understands and agrees that the Site is an online introductory platform only, and that Teknocrat’s responsibilities are limited to facilitating the availability of the Site and the Services.

Teknocrat is not a party to any agreement entered into between the Parties. Teknocrat is not a referrer or booking agent, and provides no such related services. Teknocrat has no control over the conduct of Users of the Site and the Services. Teknocrat disclaims all liability in this regard, as set out in these Terms.

Any arrangement between the Parties is solely between the Parties. It is strictly and expressly not part of the User’s agreement with Teknocrat.

The rights, responsibilities, obligations and liabilities of each Party is as indicated on the Site, or as advised by us, in writing, from time to time.

Online Registration

A User can browse and view Listings, Profiles and the Site as an unregistered user of the Site.  A User must register on the Site and create an account (Account) to access some Services and features on the Site, including making a Listing, creating a Profile and making a Purchase.

Each User may only have one (1) Account on the Site including a Profile.

Basic information is required when registering on the Site for an Account.  Each User is required to provide certain information including name, email address, Stripe account payment details, location and select a username and password.

Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Teknocrat reserves the right to suspend or terminate any User’s Account and his/her access to the Site and Services if any information provided to Teknocrat proves to be inaccurate, not current or incomplete.

Users will be requested by Teknocrat to change their passwords at regular intervals and our security arrangements are set out in clause 23 of these Terms.It is the User’s responsibility to keep its Account details, username and password confidential.  The User is liable for all activity on its Account, including Purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.

The User will immediately notify Teknocrat of any unauthorised use of its Account.

Users and User Profiles

Users who have created an Account are permitted to create Profiles. The User’s Profile for its use of the Site is created from the personal information it provides to Teknocrat.

Each User acknowledges and agrees that it is responsible for its own Profile.

Users can access the Site to communicate with other Users and obtain or provide Inventor Products and Services.

If a Buyer and/or Collaborator contact an Inventor and requests Inventor Products, any agreement entered into is between the Parties. Teknocrat is not a party to the agreement.

Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk.  Teknocrat does not provide a User with and cannot guarantee that other Users have genuine intentions.

Each User should report to Teknocrat, any activities or requests of Users which are, or which the User reasonably believes to be:

suspicious;

inconsistent;

illegal; or

likely to have a negative effect on the reputation of Teknocrat, the Site, the Services and/or a User.

Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.

Each User represents and warrants that any content that it provides and Profile and Listing that it posts:

will be true, correct and accurate;

will not breach any agreements it has entered into with any third parties;

will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and

will not conflict with the rights of third parties.

Each Inventor represents and warrants that any Inventor Product they list of the Site has been exclusively listed on the Site and has not otherwise been offered for sale and/or licensing.

For the avoidance of doubt, Teknocrat assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.

Teknocrat reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Profile and/or Listing for any reason, including Accounts and/or Profiles and/or Listings that Teknocrat, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

Ratings and Reviews

Users may rate a Profile or Listing (Rating), which determines the popularity of individual Profiles or Listings. Users may also provide feedback using a template regarding other Users of the Site and Inventor Products (Review).

Ratings and Reviews of Users can be viewed by any User. Ratings and Reviews will remain viewable until the relevant User’s Account, Profile and Listing is removed or terminated.

Users must provide true, fair and accurate information in their Ratings and Reviews.

If, in Teknocrat’s reasonable assessment, the Rating and/or Review is untrue, unfair, inaccurate, offensive or inappropriate, Teknocrat may delete the Review or ban the publishing User from posting the Rating and/or Review. Teknocrat does not undertake to review each Rating and/or Review.

To the fullest extent permitted by law, Teknocrat is not responsible for the content of any Ratings and/or Reviews.

Delivery of Inventor Products

If relevant, the Parties are to arrange the delivery of any Inventor Products and Teknocrat is not involved in the delivery process.

If relevant, a Buyer is required to refer to delivery information provided by the Inventor in the relevant Listing or contact the Inventor directly to confirm:

that they are within the delivery area;

the applicable delivery fees;

when the Inventor Product is likely to be dispatched;

the method of delivery;

when risk of loss, damage or deterioration to any Inventor Product will pass to the Buyer; and

what to do if an Inventor Product is delayed, damaged or goes missing in the delivery process.

Payments

Users are not required to pay any fees for their registration on the Site but may be required to pay Fees for any other Services that they request which are available on the Site.

Teknocrat offers Users feature upgrades and subscription services (Add Ons). Users must pay the fees as set out on the Site to access and use the Add Ons (Add On Fee).

Add On Fees are to be paid by way of the Stripe merchant facility. 

Payments for Inventors, Buyers and Collaborators differ.

Each User agrees to pay the relevant fees, in the currency specified on the Site, at the times specified on the Site.

Goods and Services Tax (GST) will be charged where applicable.

As the Buyer’s limited payment collection agent, Teknocrat will collect from the Buyer the Agreed Fee on behalf of the Inventor. Teknocrat will hold the Agreed Fee in escrow for the Inventor for a period of seventy two (72) hours. (Escrow). Thereafter the Agreed Fee will be automatically released to the Inventor or a person and/or organization nominated by the Inventor, by way of direct bank transfer, or such other merchant facility as used by Teknocrat from time to time (unless a dispute form has been lodged with Teknocrat in the interim).

Users have seventy two (72) hours from the commencement of Escrow to cancel a transaction by completing the dispute form on the Site. Upon receipt of a dispute form by Teknocrat we will refund the Agreed Fee, minus our reasonable expenses.

The User must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means.  If a User’s payment is not able to be successfully processed then the request for payment may be cancelled by Teknocrat.

Subject to clause 7(h), and in the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel its Purchase for any reason and further each User agrees to satisfy all such payments made.

Nothing prevents Teknocrat from taking any action necessary to recover any unpaid fees.  If the User fails to pay, the User’s information will be passed on for collection and or legal action.  The User acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the User at any time exceeds Teknocrat’s payment terms and as a result are passed on for collection and or legal action, Teknocrat may place a default against the User with a credit reporting agency.

Teknocrat’s pricing structure or payment methods may be amended from time to time at its sole discretion.

Limited Payment Collection Agent

Each Party appoints Teknocrat as the Party’s limited payment collection agent solely for the purpose of accepting the Agreed Fees from the Buyer.

Each User agrees that payment of the Agreed Fee in respect of an Inventor Product by a Buyer to Teknocrat, shall be considered the same as a payment made directly by that Buyer to the relevant Inventor and the Inventor will provide the relevant Inventor Product to the Buyer, as outlined in the relevant Listing, as if the Inventor had received payment directly.

Each User agrees that Teknocrat as the Buyer’s limited payment collection agent, may permit a Buyer to cancel a Purchase and provide them with a refund in accordance with the cancellation and refund policy set out in these Terms.

Teknocrat, as limited payment collection agent for the Inventor, agrees to facilitate the payment of any Agreed Fees for the Inventor Products provided.  In the event that Teknocrat does not remit such amounts, the Inventor will have recourse only against Teknocrat.

Notwithstanding Teknocrat’s appointment as limited payment collection agent of each User, Teknocrat explicitly disclaims all liability for any acts or omissions of the Users or any other third parties.

Offers and Promotions

Teknocrat may, from time to time, make offers or promotions which may be applicable to the Services.

The conditions of such offers or promotions will be specified on the Site.

The User acknowledges and agrees that Teknocrat may, at its sole discretion, remove or extend any offers or promotions, and Teknocrat will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.

Dispute Resolution

By using our Site and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of another User of the Site, or other third party, will be limited to a claim against that User or other third party, who caused harm to him or her. Teknocrat encourages Users to communicate directly via the private messaging facility on the Site with the relevant User or third party to resolve any disputes and/or to lodge a dispute form with Teknocrat by using the dispute form on the Site.

Teknocrat welcomes feedback from its Users. Teknocrat seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.

If there are any complaints from a User regarding a Purchase they must be submitted to Teknocrat within the Escrow period. If a complaint is lodged in respect of a Purchase within the Escrow period, Teknocrat will suspend the payment pending the successful resolution of the dispute. If Teknocrat is not reasonably satisfied that the dispute has been successfully resolved within ninety (90) days of the suspension, then Teknocrat will refund the payment to the Buyer.

Cancellation of Registration

If a User wishes to cancel its membership, subscription or registration on the Site, it will need to do so by writing an email to [email protected]. The cancellation policy and any fee and/or refund in respect of the same is as per the Site. Users can also deactivate their Account at any time via the Site.  

No refunds will be made upon cancellation, except as specified in these Terms.

Refund Policy

Any cancellation, exchange or refund of an Inventor Product is strictly a matter between the Inventor and the Buyer and/or Collaborator, as the case may be. The terms and conditions agreed to between the Inventor and Buyer and/or Collaborator should be set out clearly in the Listing in respect of the Inventor Product.

Consumer Guarantees

Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.

If the User is a consumer as defined in the ACL, the following notice applies to the User from Teknocrat: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time.  To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”

Our Intellectual Property

All Teknocrat’s Intellectual Property on the Site, including but not limited to copyright which subsists in all creative and literary works displayed on the Site, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Teknocrat (or its affiliates and/or third party licensors as applicable)

The User agrees that, as between the User and Teknocrat, Teknocrat owns or holds the relevant licence to all Teknocrat’s content on the Site and that nothing in these Terms constitutes a transfer of that content. The content, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Teknocrat or the owner of the content.

Some content used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).

Teknocrat’s content and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Teknocrat or the applicable trademark holder or Intellectual Property owner.

Users of the Site do not obtain any interest or licence in the content or Third Party Marks without the prior written permission of Teknocrat or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches such rights.

Apart from the exclusive right to host the transaction for a period of twelve (12) months from the date of posting, Teknocrat does not obtain any interest in or licence to the Intellectual Property you post on the Site.

User Licence

Subject to these Terms, Teknocrat grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or business use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Teknocrat’s prior written consent.

The right to use the Site and Services is licensed to the User and not being sold to the User.  A User has no rights in the Site and Services other than to use it in accordance with these Terms.

These Terms and this user licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

Permitted and Prohibited Conduct

The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:

offer for sale or licence the Intellectual Property and/or new technological ideas and concepts more than once;

use the Site or Services for any other purposes that are not expressly permitted by these Terms;

register for more than one Account or register for an Account on behalf of another individual and/or entity (unless the User is an authorised agent or representative of the individual and/or entity);

post any Review or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Profile or Listing;

submit any false or misleading information;

offer any Intellectual Property, new technological concept or idea that it does not intend to honour or cannot provide;

as a Buyer, make any offers or Purchases to the Inventor that it does not intend to honour;

violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;

copy, store, transmit or otherwise access and use any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;

copy, store, access, use or otherwise retain information contained on the Site, including but not limited to Inventor Product information, unless the User has effected a Purchase of the information, the Escrow period has expired and the Agreed Fee has been paid.

infringe the rights of any person or entity, including without limitation, their Intellectual Property, privacy, publicity or contractual rights;

use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

use the Site or Services in connection with the distribution of unsolicited email, i.e. spam or advertisements;

stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;

use, display, mirror or frame the Site, or any individual element within the Site or Services, Teknocrat’s name, any Teknocrat trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Teknocrat’s express written consent; or 

advocate, encourage, or assist any third party in doing any of the foregoing.

User Content Rules

The Site, Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries.  The User acknowledges and agrees that the Site, Services and Intellectual Property, including all associated Intellectual Property rights are the exclusive property of Teknocrat and its licensors.  The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.

The User must not post, upload, publish, submit or transmit any content that:

infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy;

is fraudulent, false, misleading or deceptive;

denigrates Teknocrat, the Site, Services or another User;

violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

is violent or threatening or promotes violence or actions that are threatening to any other person; or

promotes illegal or harmful activities or substances.

User Content licence to us

Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content).  By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to Teknocrat a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services.

The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site and Services.  The User represents and warrants that:

it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Teknocrat the rights in such User Content or Intellectual Property, as contemplated under these Terms; and

neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Teknocrat’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Teknocrat may at its sole discretion remove any User Content that is offensive or in breach of these Terms.

User Content - No IP Protection By Us

Use of Teknocrat is not a substitute for IP registration or protection. All Users are encouraged to seek professional intellectual property related legal advice before posting any potentially sensitive or proprietary information onto Teknocrat. Any and all information submitted to Teknocrat via any medium and in any format is done so entirely at the User’s own discretion and at their sole and exclusive risk, and the User acknowledges that their discretionary submission of information to Teknocrat comes with an inherent and real risk that their intellectual property (IP) may in some manner, whether said IP is registered or otherwise protected or not, be at risk due to the public and online nature of the Teknocrat site and marketplace

Teknocrat makes all effort to encourage non-disclosure of sensitive information on publicly visible sections of the site but it is up to the User’s sole discretion as to what details to reveal in their listings (eg to sell, request and or collaborate on an idea or associated IP) and Teknocrat does not warrant that any information revealed will not result in other Users guessing or somehow determining other information intended to be kept confidential by the User

Every User accepts full and sole responsibility for the risks commercial and or otherwise of any and all content they place onto the site for themselves or on behalf of any other party and acknowledge that any risks, consequences or repercussions remain their sole liability and not those of the site or any Teknocrat representative

All listings or ideas or IP posted to Teknocrat are exclusive to Teknocrat in perpetuity and across all territories national and international for the purpose of site use, sale and or collaboration – and remain so until Teknocrat agrees otherwise in writing

Any ideas, IP or other information posted by a User onto the Teknocrat site and or marketplace does not entitle that User to any additional or special IP protections or registrations and the User accepts and acknowledges that Teknocrat is a means of transaction facilitation only and is not a means nor vehicle for IP protection. Users understand that in and of themselves ideas may not necessarily be protectable under law and will thus disclose or not disclose, at their sole discretion, information onto the public and or private sections of the site entirely at the User's own risk and understand that if they disclose information of a nature or in a manner that encourages other Users to be able to reverse engineer, guess, emulate or otherwise copy in any substantial way the User’s real or perceived, registered or unregistered IP, this risk is an accepted part of use of the site and the User xplicitly and irrevocably accepts this risk solely and exclusively – Teknocrat does not offer protection from any or all of these risks or outcomes and the User uses the site and marketplace entirely at their own risk therefore

Teknocrat staff, suppliers, contractors, managers, users, delegates and or any other preresentatives are not able to access the ‘private’ information associated with listings submitted through the site, therefore if at any time or stage currently or in the future a User sees any similarity between any IP they have submitted to the site and any IP deemed the property or output of said Teknocrat staff, suppliers, contractors, managers, users, delegates and or any other representatives – this is accepted by the User as being purely coincidental sn not in any way any contravention nor breach of trust per these terms.

All Teknocrat representatives past, present and future, are afforded the same protections as all other Teknocrat Users in that if they seem to or are perceived to have reverse engineered, guessed or speculated from the publicly available IP / information or have just by coincidence created IP that bares any similarity to any User’s real or perceived, registered or unregistered IP – this is a risk the User accepts by using the Site and marketplace and has accepted the responsibility therein to by and for themselves manage the degree of (via their discretion in disclosing public information on the site and marketplace) said risk. It is neither Teknocrat’s nor any Teknocrat representative’s liability nor responsibility regarding disclosure or protection of real or perceived IP on the Site and marketplace, but solely that of the User

Non-Compete

The User may engage in other activities during the Term provided they do not conflict with the Users obligations under these Terms.

If a User becomes aware of any conflict of interest between these Terms and any other activity it has been offered or is undertaking, it must inform Teknocrat immediately in writing and take all steps as reasonably agreed with Teknocrat to resolve the conflict.

The User agrees that in consideration of obtaining access to the Site and making use of the Services under these Terms, it will not as a sole trader, partner, manager, employee, director, consultant, advisor, shareholder, unit holder, trustee or with any other entity in which the User may at any time have any direct or indirect interest do any of the following:

compete with Teknocrats’ business or make use of the Site or Services for the purpose of entering into business arrangements, advising, working for, consulting with, providing services to, or in any way assisting a competitor of the Company;

directly approach, canvass, solicit or deal with any User, client or customer of Teknocrat with whom the Contractor had business contact with during the Term of these Terms (who were clients or customers at the date of termination of these Terms or within the 12 months prior);

 interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between Teknocrat and any supplier, partner, affiliate, agent, contractor or User (Associate) (who were Associates at the date of termination of these Terms or within the 12 months prior); or

Induce or solicit any employee, contractor, agent of affiliate of Teknocrat or any of its subsidiaries or related companies to leave the employment, agency or affiliation of Teknocrat or such subsidiary or related company (who were employees, contractors, agents or affiliates at the date of termination of these Terms or within the 12 months prior).

Duration and Geographical Reach of Restrictive Covenant: This clause applies for:

twelve (12) months, or (if that duration is held by a court to be unreasonable);

six (6) months, or (if that duration is held by a court to be unreasonable); or

three (3) months:

worldwide, or (if that geographical area is held by a court to be unreasonable);

the Commonwealth of Australia, or (if that geographical area is held by a court to be unreasonable);

the State, Territory or Province in which the User is located, or (if that geographical area is held by a court to be unreasonable); or

the metropolitan area of the capital city in which the User is located.

Enforceability: Each restraint contained in these Terms, resulting from any combination of the wording and definitions in the clause, constitutes a separate and independent provision, severable from the other restraints. If a court of competent jurisdiction finally decides any such restraint to be unenforceable or whole or in part, the enforceability of the remainder of that restraint and any other restraint will not be affected.

Reasonable Covenant: The User acknowledges that this clause is reasonable in terms of its extent and duration and goes no further than is reasonably necessary to protect the business interests and Intellectual Property of Teknocrat. The User also agrees that this clause does not unreasonably restrict the User’s right to carry on his or her profession or trade.

Disclaimers

Teknocrat does not guarantee that Inventor Products will be requested by anyone, nor does Teknocrat guarantee that Inventors will be able to find desirable Buyers or Collaborators or that Buyers and/or Collaborators will not infringe their Intellectual Property or use or disclose the Inventor’s ideas, concepts and confidential information otherwise than as agreed with the Inventor.

Teknocrat does not endorse any User, Profile, Listing or Inventor Product. Teknocrat requires Users to confirm that they have provided accurate information. Teknocrat does not perform any sort of background checks of Users, and does not confirm any User’s identity, Profile, Listing or product.

Teknocrat cannot and does not control the content contained in any Profiles or Listings or the condition, legality or suitability of the same. Users are responsible for determining the identity and suitability of any Listing.

Teknocrat accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. Teknocrat disclaims any and all liability related to any and all User Profiles, Listings and products.

By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the User or other third party who caused it harm. Teknocrat encourages the User to communicate directly with the relevant User on the Site regarding any communications or arrangements made between them and to resolve any dispute between them.

To the fullest extent allowable under applicable law, Teknocrat disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.

For the avoidance of doubt, Teknocrat is not responsible for any duties, fees, taxation, visa or immigration matters.  Teknocrat advises that all Users using the Site and Services should seek advice in relation to these matters.

Each User who uses the Site and the Services does so at their own risk.

Subject to clause 13, Teknocrat excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:

Teknocrat expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;

Teknocrat does not warrant that the Site, the Services or content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site, content on the Site or the Services will be error free, that any defects will be corrected or that the Site  or the server which stores and transmits material to the User is free of viruses or any other harmful components;

Teknocrat takes no responsibility for, and will not be liable for, the Site, the Services, the Users and products being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the Listing description, failing to meet the User’s needs, or being of less than merchantable quality; and

Teknocrat will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or on the Site, or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, the Services, content on the Site or, inability to access or use the Site, the Services, any Profile, any Listing, products or the Terms, even if Teknocrat was expressly advised of the likelihood of such loss or damage.

The User agrees not to attempt to impose liability on, or seek any legal remedy from Teknocrat with respect to such actions or omissions.

Limitation of Liability

Subject to clause 13, Teknocrat’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Teknocrat in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between Teknocrat and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.

This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Teknocrat.

Indemnity

Each User agrees to defend and indemnify and hold Teknocrat (and Teknocrat’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.

Teknocrat reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.

This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Teknocrat without restriction.

General

Accuracy: While Teknocrat will endeavour to keep the information up to date and correct, Teknocrat makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose.  The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Teknocrat expressly excludes any liability for such to the fullest extent permissible by law.

Security: Teknocrat utilises the following security features to safeguard the integrity of the Site and information contained therein:

a secured business system with an SSL connection to protect all User transactions and to ensure maximum security;

an Amazon AWS server (private key protected) in a PostGres database (password protected);

remote access to the Site is only by SSH, which is username and passkey protected; and

storage of assets on an Amazon S3 server, which is passkey protected, the server being inaccessible from other systems.

Termination: Teknocrat reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User. If Teknocrat decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (i) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account or its User Content; (ii) any pending or future Purchase will be immediately terminated; (iii) Teknocrat may communicate to the relevant User that the Purchase has been cancelled; (iv) Teknocrat may refund the User in full, regardless of the cancellation and refund policy; (v) the User will not be entitled to any compensation for Purchases that were cancelled as a result of a suspension, deactivation or termination of their Account. 

Fraudulent Activities: Each User acknowledges and agrees that, in the event Teknocrat reasonably suspects that there are fraudulent activities occurring within the Site and Services, Teknocrat reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.

Force Majeure: Teknocrat will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.

Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.

Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Teknocrat of any of the Terms shall be effective unless Teknocrat expressly states that it is a waiver and Teknocrat communicates it to the User in writing.

Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Teknocrat’s prior written consent.

Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of Victoria, Australia, and subject to the exclusive jurisdiction of the Victorian courts. The Site may be accessed throughout Australia and overseas.  Teknocrat makes no representation that the content of the Site complies with the laws (including Intellectual Property laws) of any country outside Australia.  If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where the User accesses the Site.

Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Teknocrat and each User, and supersede any prior agreement, understanding or arrangement between Teknocrat and each User, whether oral or in writing.

 

For questions and notices, please contact:

 

Teknocrat Pte Ltd t/as Teknocrat

[email protected]

 

Last update:       18 February 2016  These terms are the property of Teknocrat Pte Ltd and the unauthorised usage or reproduction hereof is not permitted.

 

TAKEDOWN POLICY

Guidelines

A 'notice and takedown' policy should be developed with reference to the balance of risk between continued availability of content that infringes UK law and the damage that may result from wrongful takedown. Thus, a policy must balance time taken to verify a complaint against the potential damage of continued availability.

 

Notice and Take Down Policy Template

It is recommended that it is the policy of Teknocrat Pte Ltd trading as Teknocrat immediately to suspend access to content that is subject to complaint while that complaint is verified. This is also in accordance with the Electronic Communications Act 2000.

 

Although all efforts have been made to ensure that material that infringes the law will not be present in www.theskymansion.com the risk cannot be entirely eliminated. A variety of measures should be taken to minimise and manage risk including the publication and implementation of a 'notice and takedown' policy.

 

The 'notice and takedown' policy will be published prominently on www.theskymansion.com website and service. It will provide clear instructions on how to make a complaint (see below). These instructions will include:

 

Contact details for the officer responsible for administering complaints

A template for notifyingwww.theskymansion.comof the complaint and associated guidelines (below)

 

This template should be used to document your complaint which should then be addressed to the Complaints Officer at the following email address: [email protected]

 

During normal working hours (0900--1700h, Monday--Friday), receipt of your complaint will be acknowledged within 48 hours. Your complaint will be dealt with in the manner outlined in the 'notice and takedown' policy outlined on the website www.theskymansion.com/takedown

 

To: Complaints Officer ([email protected])

From: [Name, address, telephone number and email address of complainant]

Reference: [Title and unique identifier to which complaint refers.] (subject of complaint).

 

Infringement of copyright/author's rights/related rights.

 

The following material is protected in Australia by intellectual property law.

[Describe the protected material in as much detail as possible so that the specific content, edition and format may be readily identified. Indicate the category for protection under intellectual property law (e.g. original literary, dramatic or musical work, software). Specify exactly the extent of use, e.g. by quoting text that has been reproduced] (The Protected Material).

b)

I/we own or am authorised to represent the owner of intellectual property rights in the protected material.

ii) I am the creator of and thus have moral rights in the protected material.

I/we hereby give notice of:

Unauthorised use by reason of reproduction and/or making available the protected material; and/or

ii) Breach of the moral right of [paternity/integrity/right not to have my work subjected to derogatory treatment].

 

A complaint on grounds other than copyright and/or related rights.

[Specify the nature of the complaint e.g. defamation, breach of confidence, data protection.]

[Specify the law that is alleged to have been infringed].

[Describe the infringing content in as much detail as possible e.g. by quoting or otherwise identifying the specific content].

[Explain the nature of the infringement with regard to the applicable law, e.g. that an individual may reliably be identified and thus data protection legislation has been breached.]

 

I/we hereby request, with reference to the subject of this complaint, you:

Remove it from the website; and

Cease further use of the material; and

ii) Withdraw from circulation any materials that include it.

 

I/we request that you notify me/us when you have complied with my/our request in section 3 above.

 

I/we attach/direct you to the following additional information which supports my complaint:

 

In relation to my/our complaint, I/we also inform you [any other relevant information including e.g. other steps taken to protect my rights].

 

The information contained in this notice is accurate and I believe, with good faith, that the publication, distribution and reproduction of the material described in section 1 is not authorised by the rightsholder, the rightsholder's agent or the law and/or infringes the law as described in section 2 above.

 

This notice is given to you without prejudice to any other communication or correspondence relating to the protected rights or any other right.

CONTACT INFORMATION:

Name:

Adddress:

Telephone number:

Email address:

 

Information about how to obtain help with completion of the template.

 

Staff will require a description of the content that is subject to complaint.

 

Action to be taken on receipt of a complaint

The Complaints Officer has the authority to remove content from the service. On receipt of a notice of complaint regarding content, the officer responsible for administering complaints will:

 

Acknowledge receipt of the complaint by email:

 

Dear X, I am writing to acknowledge receipt of your complaint regarding content of an item in…….. I have suspended access to the item pending verification of the complaint. In the event that I verify your complaint, I will comply fully with your request.

 

Remove the item that is subject to complaint

Refer the complaint to a Legal Advisor for comment and advice

Seek to verify the identity and authority of the complainant (e.g., if this is a complaint regarding  infringement of copyright, that the complaint has been made by the person named as complainant and that the named person is either the rights holder or rights holder’s agent).

 

When the complaints officer has verified the authenticity of the complaint and authority of the complainant and the Legal Advisor has advised that the complaint is ostensibly legitimate, the complaints officer will:

Identify the depositor of the alleged infringing material and, using a standard form, advise her of the nature of the complaint;

 

Notification of complaint: advice to depositor

To:

From: Complaints Officer

Reference: {Item details}

I am writing to advise you that I have received a complaint regarding content that you deposited in…... The nature of the complaint is detailed below. On receipt of this complaint, I suspended access to the material. I have also contacted our users that have downloaded the material and instructed them to cease use of it. Please respond to me regarding this complaint with 30 days of the date of this communication either accepting or refuting the complaint. If the latter, please provide an argument and supporting evidence that the alleged infringing material is legitimate. If you fail to respond to this communication within 30 days, I will assume that you accept the complaint.

 

THE NATURE OF THE COMPLAINT

[information that identifies the alleged infringing content, the nature of the complaint, and the applicable law].

 

If a depositor fails to refute a complaint within 30 days of notification, the complaint will be taken as upheld.

 

Refuting the complaint

Content that is subject to complaint will not be made available again until the depositor has proven to the satisfaction of the Legal Advisor that it does not breach any law

For questions and notices please contact Teknocrat Pte Ltd t/a Teknocrat

Email: [email protected]