Notice and Takedown Procedures

This procedure applies where an owner of copyright material, or an agent of the owner, believes, on reasonable grounds, that material on Flippa.com’s website is infringing and the owner or agent wishes us to remove or disable access to the material.

1. Notice of claimed infringement

1.1 The owner or an agent of the owner, of the copyright in the material must issue a notice of claimed infringement in relation to the copyright material to our designated representative, in the form specified here.

1.2 If we receive a notice of claimed infringement, we will expeditiously remove, or disable access to, the copyright material specified in the notice and residing on our system.

1.3 As soon as practicable after removing, or disabling access to, copyright material we will use reasonable endeavours to identify the user who directed us to store the copyright material on our system and send to that user a copy of the notice of claimed infringement.

2. Counter-notice

2.1 If a user receives a copy of a notice of claimed infringement from us, the user may issue a counter-notice to our designated representative disputing the claims set out in the notice.

2.2 The counter-notice:

(a) must be in the form provided here, and

(b) be received by us within three (3) months after the user receives the copy of the notice of claimed infringement.

2.3 If we receive a counter-notice from a user in response to a notice of claimed infringement, we will, as soon as practicable after receiving the counter-notice, send to the copyright owner or agent who issued the notice of claimed infringement a copy of the counter-notice and advising them of the steps required to prevent the copyright material from being restored, or access being enabled, on our system in accordance with clause 3.

3. Restoring copyright material

3.1 We will restore or enable access to the copyright material on our system or network:

(a) 10 business days after notifying the owner or agent of the counter-notice unless within the 10 business days the owner or agent notifies our designated representative that the owner or agent has brought an action seeking a court order to restrain the activity that is claimed to be infringing; or

(b) if we are notified that an action for infringement of the copyright in the copyright material has been discontinued or was unsuccessful.

4. Takedown by Flippa.com Pty Ltd

4.1 If we become aware that material on our website is infringing or become aware of facts or circumstances that make it apparent that the material is likely to be infringing, then we reserve the right to remove or disable access to that copyright material.

4.2 This procedure will not apply if we have become aware of such information as a result of receiving a notice of claimed infringement under clause 1, or any other notification from the owner or an agent of the owner of the copyright in the material.

4.3  If we remove or disable access to, the copyright material under the above, we will notify the user:

(a) that the copyright material has been removed, or access to it has been disabled;

(b) the grounds for removing, or disabling access to, the copyright material; and

(c) that the user may, within 3 months after receiving the notice, issue a counter-notice to our designated representative disputing the grounds for removing, or disabling access to, the copyright material and requesting us to restore, or enable access to, the copyright material on our system or network.

4.4 If a user receives a notice from us under clause 4.3, the user may issue a counter-notice to our designated representative disputing the grounds for removing, or disabling access to, the copyright material and requesting we to restore, or enable access to, the copyright material on our system or network.

4.5 The counter-notice must:

(a) be in the form provided here; and

(b) be issued within 3 months after the user receives the notice from us under clause 4.3.

4.6 If we receive a counter-notice in relation to copyright material and, on the basis of the information and statements in the counter-notice, we are satisfied that the copyright material is not, or is not likely to be, infringing, then we will restore, or enable access to, the copyright material on our system.