Intellectual Property Policy

What is Intellectual Property Protection?

Intellectual Property Protection is a facility provided by Tradingpost to assist owners of intellectual property (and their authorized representatives) to protect their intellectual property rights.

Responsibility for the item for sale and details of any ad appearing on Tradingpost website rests solely with the seller. The seller must ensure the item for sale and the related ad details (headline, text description, and photographs) do not infringe the copyright, trademark, or any other intellectual property rights of a third party

Any alleged infringements of the intellectual property rights of a third party will result in the removal of the ad from tradingpost.com.au.

The content on Tradingpost website does not constitute an endorsement by Tradingpost of any advertisement or seller. Tradingpost takes no responsibility for sellers who infringe the intellectual property rights of a third party.

What is an infringement of intellectual property?

Infringements of a third party's intellectual property rights may include, but are not limited, to the following:

• Using a third party's trademark in your listing.
• Copying and displaying a third party's product description in your listing.
• Copying and displaying a third party's photo, either from another website or another ad on Tradingpost website, in your listing.
• Listing and selling an imitation or copy of a brand name's product.

Reporting infringements of intellectual property

1. Owners of intellectual property (or their representatives)

   If you are the owner of intellectual property (or an authorised representative of an owner), and you believe that your material has been used in a way that infringes your intellectual property rights, please email [email protected]

   This information will be used to investigate your claim and to contact you about it. In particular, your personal information will be included in the notice sent to the relevant seller for them to contact you directly should they dispute your complaint.

2. Non-Owners of Intellectual Property Rights

   If you are not an owner or authorized representative of Intellectual Property, but you believe that an ad on Tradingpost website has infringed the rights of a third party, you may contact the intellectual property rights owner directly, and alert them to the alleged infringement.

3. Our rights

   In an event that the Tradingpost, in its regular monitoring of web-site content, identifies an ad it believes may infringe intellectual property, Tradingpost may disclose the personal information of the alleged infringing seller to the intellectual property rights owner.

Removal of infringing advertisements

Any alleged infringements, supported by a Statutory Declaration, of a third party's intellectual property rights ,may result in the immediate removal of the infringing ad from Tradingpost website. Tradingpost will subsequently notify the relevant seller of the removal of their ad.

Tradingpost is not liable for any loss caused by the withdrawal or removal from Tradingpost website of any material with which you provide us. The seller must not re-advertise the alleged infringing item on Tradingpost website, unless permitted to do so by Tradingpost in writing.

Disputing infringement

If you believe that your material has been incorrectly removed from Tradingpost website, you should email Tradingpost to this effect. Please include:

• The unique Item Number and listing description of the removed listing as it appeared on Tradingpost website.
• A statement that you consent to the jurisdiction of the courts in which your address is located, or, if your address is outside Australia, to the jurisdiction of the courts of the State of Victoria, Australia.
• A statement that you will accept service of process from the notifier or the notifier's agent.
• A statement by you declaring that you are the owner of the described intellectual property, or that you are authorized to act on behalf of that owner.
• A statement by you declaring that you believe, in good faith, that the relevant material was removed as the result of a mistake or misidentification of the material to be removed.
• Your name, address, telephone number, and email address.

Once completed, please email the information to [email protected]

Once completed, please email the information to [email protected]

Once the notifier has received the Counter-Notification, they will have 10 business days within which to notify Tradingpost that they have filed an action seeking a court order to prevent further use of the allegedly infringing material. If Tradingpost receives such notification it will not reinstate the material. If Tradingpost does not receive such notification then it may reinstate the material in its discretion.

Please note that if the information given in your Statutory Declaration or Notice of IP Infringement is found to be false or misleading then you may be liable for damages, fines, costs and legal fees.