IP Infringement and Takedown Policy

This Policy applies to the materials published by Handmade Gifts Made Easy ("the Company") on the website at homemade-gifts-made-easy.com.

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

"Infringing Material"
means any material published by the Company which is alleged (and/or found) to infringe any Intellectual Property Rights;
"Intellectual Property Rights"
means any and all patents, rights in inventions, rights in designs, trade marks, trade and business names and all associated goodwill, rights to sue for passing-off or for unfair competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know-how and trade secrets) and all other similar or equivalent rights (subsisting now or in the future) in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term;
"Notice"
means a communication received by the Company informing us of an alleged infringement which contains the requirements set out in the United States Digital Millennium Copyright Act (DMCA) (see 17 U.S.C 512(c)(3) for further detail) and described in Section 3 below.

2. Notice and Take Down

  • 2.1 Whilst the Company has made all reasonable efforts to ensure that all materials published by it do not infringe the Intellectual Property Rights of any third party, the risk of such infringement cannot be entirely removed.
  • 2.2 Under the terms of this Policy, a third party who identifies any material belonging to them which has been used by the Company without the requisite consent should contact the Company using the procedures set out herein.

3. Notice Procedure

  • 3.1 If you identify any material protected by Intellectual Property Rights belonging to you in any material published by the Company you should immediately send a Notice to the Company using the following procedure:
    • 3.1.1 Send a message to the Company using the form at the bottom of this page, containing the following details:
      • an electronic or physical signature of the person authorized to act on behalf of the owner of the Intellectual Property Rights;
      • description of the Infringing Material;
      • identification of the URL or other specific location on the website where the Infringing Material is located;
      • your address, telephone number, and email address;
      • statement by you that you have a good faith belief that the Infringing Material is not authorized by the owner of the Intellectual Property Rights, its agent, or the law;
      • statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the owner of the Intellectual Property Rights or authorized to act on the owner’s behalf.

4. Assessment and Take Down

  • 4.1 Following receipt of a Notice, the Company shall make a preliminary assessment of the alleged infringement in order to determine its plausibility and validity.
  • 4.2 If the outcome of the preliminary assessment shows that the complaint in the Notice is plausible and valid, the Infringing Material will be removed pending the completion of our enquiries and/or the reaching of an agreement between the Company and you.
  • 4.3 In the event that the Infringing Material was provided to the Company by a third party, the Company will contact that third party in the course of its enquiries in order to determine the extent of that third party's rights over the Infringing Material.
  • 4.4 In cases where it is deemed necessary and appropriate, the Company shall seek legal advice in order to resolve any matters of infringement.
  • 4.5 Following the Company's preliminary assessment of the alleged infringement, we shall contact you in order to inform you of the outcome of the assessment and to discuss, where relevant, an appropriate resolution to your complaint.

5. Resolution of Complaints

  • 5.1 The Company shall use commercially reasonable endeavours to resolve complaints quickly and fairly. One of the following outcomes shall be desirable (but not guaranteed):
    • 5.1.1 Where no infringement is found, the (alleged) Infringing Material shall remain without modification;
    • 5.1.2 The Infringing Material shall be replaced without modification without the requirement for licensing fees;
    • 5.1.3 The Infringing Material shall be replaced without modification under the terms of a negotiated paid license;
    • 5.1.4 The Infringing Material shall be replaced with modifications to remove infringing elements; or
    • 5.1.5 The Infringing Material shall be removed and not republished.
  • 5.2 In the event that a complaint cannot be resolved the Infringing Material shall remain removed indefinitely or until such time that an appropriate resolution is reached.
  • 5.3 In the event that a complaint cannot be resolved and becomes the subject of legal proceedings, the Infringing Material shall remain removed, the provisions of this Policy shall cease to apply and the complaint shall be resolved as the parties, their legal advisors and/or the courts of Australia may direct.

6. Changes to this Policy and Procedure

The Company reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law.

IP Infringement Form

Please see the Notice Procedure section of the policy above for what information to provide when completing this form.