Cart Assist Limited. (in this Policy: “us“, “we” and “our“) respects the intellectual property rights of others and requests its users to do the same.
If you believe that certain content, which appears on or through the use of any of our online services (the “Services“) – infringes upon copyrights that you own or represent, you may send our designated copyright agent (the “Copyright Agent“) a written notification, stating the location of the copyrighted work claimed to be infringed. Upon your notification and subject to the applicable copyright laws, we may remove or disable access to any such content.
To be effective, your notification of claimed infringement must be a written communication provided to our Copyright Agent that includes substantially the following:
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to be infringed, or if multiple copyrighted works are covered by a single notification, a detailed list of such works;
- Identification of the material that is claimed to infringe or to be the subject of infringing activity and that access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including, where applicable, the exact URL (Internet address) of the web page in which you discovered the copyrighted work claimed to be infringed;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
After receiving your communication, we may ask you to provide further or supplemental information, prior to removing any content which was displayed through the Services, as we deem necessary to comply with the applicable copyrights laws. We may also provide our user who uploaded the allegedly infringing content with your contact details, in order for that person to be able to contact you and challenge your claim.
If we’ve removed material that you had uploaded or posted, pursuant to a notification of claimed infringement that we received, then you have an opportunity to respond to the notice and takedown by submitting a counter-notification to our Copyright Agent. To be effective, your counter notification must be a written communication provided to our Copyright Agent that includes substantially the following:
- Your physical or electronic signature;
- Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the competent courts in the city of London, the United Kingdom, and that you will accept service of process from the person who provided notification or an agent of such person.
After receipt of a counter notification, we will promptly provide the person who submitted the claimed copyright infringement notification, with a copy of the counter notification, and we will inform that person that we may replace the removed material, or cease disabling access to that material in 10 business days.
We may replace the removed material and cease disabling access to it between 10 to 14 business days following receipt of the counter notice, unless our Copyright Agent first receives notice from the person who notified us of the claimed copyright infringement that such person has filed an action seeking a court order to restrain the registered user from engaging in infringing activity relating to the material on our system or network.
We may deny or cancel any individual use of the Services, or terminate your user account, if we determine at our sole discretion that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than once or a user that his uploaded material was removed from the Services more than once.
We may decide, at our sole discretion that a sufficient reason exists for the immediate termination of your account for any reason, at any time. In these cases we may terminate your account immediately.
Copyright Agent Details
Our Copyright Agent is: Mr. Mark Kirby. Address: The Nucleus, Brunel Way, Dartford, Kent, DA1 5GA, United Kingdom. Telephone Number: +44 (0) 203 887 6939; E-mail address: [email protected]. Please note that our Copyright Agent receives copyright-related notifications only. Any other matters, such as comments, requests and other messages should be referred to us by email to [email protected].
Any person who knowingly materially misrepresents: (1) that material is infringing, or (2) that material was removed or disabled by mistake or misidentification, may be liable for any damages, including costs and attorneys’ fees, that We may incur, if we are injured by such misrepresentation, as the result of our reliance upon such misrepresentation in removing or disabling access to the material claimed to be infringing.