When posting material on its website, the Company both internally produces and purchases content from providers intended to be uniquely created for the site and as such, acts in good faith. However, we recognize the potential for material published online to: be in breach of copyright laws, disseminate personal information or that may be regarded as offensive or defamatory. If you are concerned that you have found material on our website, for which you may not have given permission, is offensive / defamatory and in terms of copyright law is not covered by a limitation or exception, please fill out this form which includes the following information:
- Your contact details
- The full details of the material
- The exact and full URL where you found the material
- If the request relates to copyright, provide proof that you are the rights holder and a statement that under penalty of perjury, you are the rights holder or are an authorized representative
- The reason for your request including but not limited to copyright law, sensitive data protection, obscenity, defamation etc.
Upon receipt of completed form, the ‘Notice and Takedown’ procedure is then invoked as follows:
The Company will acknowledge receipt of your complaint by email and will make an initial assessment of the validity and plausibility of the complaint.
Upon determining validity and plausibility of the complaint, the material will be temporarily removed from the website pending an agreed solution.
If the material was internally produced, the Company will seek to resolve and mitigate the issue with the complainant or;
If the material was externally sourced, the Company will contact the provider of the material. The provider will be notified that the material is subject to a complaint, under what grounds, and will be responsible for mitigating the concerns of the complainant.
In either instance, the Company will seek to resolve the issue swiftly and amicably and to the satisfaction of all parties, with the following possible outcomes:
- The material is replaced on the website unchanged
- The material is reinstated on the website with change
- The material is permanently removed from the website
- If the Company/provider and the complainant are unable to agree a solution, the material will remain offline and publicly unavailable until such time a resolution has been reached.
Please note: In the case of externally sourced material, the provider(s) will defend, indemnify and hold the Company and their respective officers, employees and agents, harmless for any and all losses, claims, damages, awards, costs and expenses including reasonable attorney’s fees which may arise from any claim. This indemnity shall survive the termination of this agreement.