Intellectual Property Complaint Policy

Purpose of This Policy

DayByDeals operates an online marketplace through which products may be offered through DayByDeals and participating marketplace sellers.

This policy explains how intellectual property concerns relating to marketplace listings or content can be reported to DayByDeals.

DayByDeals may review reports concerning potentially unauthorised use of intellectual property appearing on the marketplace.

Types of Intellectual Property

Intellectual property complaints may concern rights such as:

• Trade marks.
• Copyright.
• Registered designs.
• Patents, where applicable.
• Unauthorised use of protected product images or written content.
• Other intellectual property rights recognised under applicable law.

The existence and scope of intellectual property rights can depend on the relevant jurisdiction, registration, ownership and circumstances.

Who May Submit a Complaint?

A complaint should normally be submitted by:

• The intellectual property rights holder.
• An employee or representative authorised to act for the rights holder.
• A legal representative acting on behalf of the rights holder.
• Another person who can demonstrate appropriate authority to submit the complaint.

DayByDeals may request evidence of identity, ownership or authority before acting on a complaint.

Information Required

To help DayByDeals review a complaint efficiently, please provide sufficient information to identify the complainant, the relevant intellectual property and the content being reported.

A complaint should include, where applicable:

• Full name of the rights holder.
• Name of the person submitting the complaint.
• Company or organisation name, where applicable.
• Contact email address and telephone number.
• Explanation of the complainant's relationship to the rights holder.
• Description of the intellectual property concerned.
• Relevant trade mark, copyright, design, patent or registration information where applicable.
• Identification of the DayByDeals listing or content being reported.
• Explanation of why the listing or content is believed to infringe the relevant rights.
• Supporting documentation where appropriate.

Identifying the Reported Listing

Please identify the specific DayByDeals content that you believe is problematic.

Where possible, provide:

• The product name.
• The product page address.
• Seller or store information displayed with the listing, where applicable.
• Product SKU or other listing identifier where available.
• Screenshots or other information that helps identify the content being reported.

General complaints that do not identify the relevant listing or content may be difficult to investigate.

Supporting Evidence

DayByDeals may request supporting information reasonably necessary to understand the complaint and the rights being asserted.

This may include:

• Intellectual property registration details.
• Evidence showing ownership of the relevant rights.
• Evidence of authority to act for the rights holder.
• Original copyrighted material or evidence identifying it.
• Relevant correspondence or documentation.
• Other information reasonably relevant to the complaint.

Complaint Review

When DayByDeals receives a sufficiently detailed intellectual property complaint, the information provided may be reviewed to determine appropriate next steps.

DayByDeals may request additional information from the complainant or relevant marketplace seller before taking action.

Submission of a complaint does not automatically establish that infringement has occurred and does not guarantee that a listing will immediately be removed.

Marketplace Sellers

Marketplace sellers are responsible for ensuring that their product listings, images, descriptions, branding and other content do not unlawfully infringe third-party intellectual property rights.

Sellers should only use trademarks, copyrighted material, product images and other protected content where they have the appropriate right, permission or other lawful basis to do so.

See our Marketplace Seller Standards and Product Authenticity & Listing Standards .

Possible Marketplace Actions

Depending on the information available and the circumstances of the complaint, DayByDeals may take appropriate marketplace action.

This may include:

• Requesting additional information.
• Contacting the relevant marketplace seller.
• Requesting that listing information be corrected.
• Temporarily restricting a listing while a matter is reviewed.
• Removing or disabling marketplace content where appropriate.
• Restricting marketplace selling privileges where appropriate.
• Taking other action reasonably appropriate under DayByDeals marketplace policies or applicable law.

Seller Response & Supporting Information

A marketplace seller may be asked to provide information relating to a reported listing.

Depending on the circumstances, this may include invoices, supplier information, authorisation documentation, product information or other evidence relevant to the complaint.

Sellers must provide accurate information when responding to an intellectual property review.

Repeated or Serious Concerns

Repeated, serious or substantiated intellectual property concerns involving a marketplace seller may result in additional marketplace review.

Depending on the circumstances, DayByDeals may restrict listings, product categories, selling privileges or marketplace access.

False, Misleading or Abusive Complaints

Intellectual property complaints should be submitted in good faith.

A complainant should not knowingly submit false, misleading or materially incomplete information or use the complaint process solely to interfere improperly with legitimate marketplace activity.

DayByDeals may decline to act on complaints that do not contain sufficient information or that appear to misuse the complaint process.

Information & Confidentiality

Information submitted as part of an intellectual property complaint may be processed for purposes such as reviewing the complaint, communicating with relevant parties, administering marketplace policies, maintaining appropriate records and complying with applicable legal requirements.

Where reasonably necessary to investigate or address a complaint, relevant information may need to be shared with the marketplace seller, rights holder, authorised representatives, professional advisers, service providers or authorities as permitted or required by applicable law.

Personal information is handled subject to the DayByDeals Privacy Policy.

Legal Rights & Independent Advice

DayByDeals provides this complaint process to assist with marketplace intellectual property concerns.

DayByDeals does not determine ownership disputes in place of a court or other competent legal authority.

Rights holders, sellers and other affected parties remain responsible for obtaining their own legal advice where necessary and may exercise rights or remedies available to them under applicable law.

Submit an Intellectual Property Complaint

Before submitting a complaint, please ensure that you have identified the specific listing or content concerned and have the information necessary to explain the intellectual property rights being asserted.

Contact DayByDeals

For questions about this policy or an intellectual property complaint, contact DayByDeals using the information below.