DMCA Copyright Policy

1.1 Purpose

This Copyright Policy explains how Tool-O responds to allegations of copyright infringement and how copyright owners and Users may submit notices relating to content available through the Tool-O Platform.

Tool-O respects intellectual property rights and expects all Users to do the same.

1.2 Application

This Policy applies to all content made available through the Platform, including:

• Listings;

• photographs;

• videos;

• documents;

• reviews;

• messages;

• profile content;

• logos;

• graphics;

• other User-generated content.

1.3 Relationship with Other Policies

This Policy forms part of the Tool-O Terms of Use and should be read together with the:

• Content Policy;

• Acceptable Use Policy;

• Privacy Policy;

• all other Platform policies.

1.4 No Permission to Infringe

Users must not upload or distribute content that infringes another person's copyright or other intellectual property rights.

1.5 Updates

Tool-O may amend this Copyright Policy from time to time.

The latest version published on the Platform replaces all previous versions.

2.1 Copyright Notice

If you believe that content available on the Platform infringes your copyright, you may submit a written copyright infringement notice to Tool-O.

2.2 Required Information

A copyright notice should include, where reasonably available:

• your full name;

• your contact details;

• identification of the copyrighted work;

• identification of the allegedly infringing content;

• the location of the content on the Platform;

• an explanation of the alleged infringement;

• a statement that you believe, in good faith, that the use is not

authorised;

• a statement that the information provided is accurate;

• a statement that you are the copyright owner or authorised to act on

behalf of the copyright owner.

2.3 Supporting Information

Tool-O may request additional information where reasonably necessary, including:

• ownership documentation;

• licences;

• registrations where available;

• correspondence;

• other supporting evidence.

2.4 Investigation

Upon receiving a copyright notice, Tool-O may:

• review the information provided;

• request further information;

• temporarily restrict access to the content;

• remove the content;

• contact the User who uploaded the content;

• conduct any other reasonable investigation.

2.5 Interim Measures

Where Tool-O reasonably believes immediate action is appropriate, it may temporarily disable access to the content while the matter is investigated.

2.6 False Notices

Users must not knowingly submit false or misleading copyright notices.

Submitting fraudulent notices may result in enforcement action under the Terms of Use and may expose the person submitting the notice to legal liability.

2.7 Good Faith

All copyright notices must be submitted honestly and in good faith.

2.8 No Automatic Determination

Receipt of a copyright notice does not automatically mean that infringement has occurred.

Tool-O may assess each matter individually based upon the available information.

2.9 Communication

Tool-O may communicate with the complainant and the affected User during the investigation where reasonably necessary.

2.10 Reservation of Rights

Tool-O reserves the right to remove or retain content where reasonably appropriate having regard to:

• the available evidence;

• applicable law;

• Platform policies;

• the rights of the parties involved.

3.1 Right to Respond

If your content has been removed or access has been restricted following a copyright complaint, you may submit a counter notice if you believe the content was removed or disabled in error or as a result of misidentification.

3.2 Information Required

A counter notice should include, where reasonably available:

• your full name;

• your contact details;

• identification of the content that was removed or restricted;

• the location where the content previously appeared;

• an explanation of why you believe the removal was incorrect;

• a statement that the information provided is accurate;

• a statement made in good faith that you believe the removal resulted

from mistake or misidentification.

3.3 Supporting Information

Tool-O may request additional supporting information including:

• licences;

• ownership evidence;

• permissions;

• correspondence;

• other relevant documentation.

3.4 Investigation

Following receipt of a counter notice, Tool-O may:

• review the information provided;

• request additional information;

• contact the complainant;

• seek clarification from the parties;

• undertake any other reasonable investigation.

3.5 Restoration of Content

Where Tool-O reasonably determines that restoration is appropriate, it may restore access to the content, subject to:

• applicable law;

• court orders;

• ongoing legal proceedings;

• other reasonable considerations.

3.6 False Counter Notices

Users must not knowingly submit false or misleading counter notices.

Fraudulent counter notices may result in enforcement action under the Terms of Use and may expose the person submitting the notice to legal liability.

3.7 Good Faith

Counter notices must be submitted honestly and in good faith.

3.8 No Automatic Restoration

Submission of a counter notice does not automatically result in restoration of the content.

Each matter will be assessed individually based on the available information.

3.9 Communication

Tool-O may communicate with both the complainant and the affected User during the review process where reasonably necessary.

3.10 Reservation of Rights

Nothing in this Policy requires Tool-O to restore content where Tool-O reasonably believes continued removal or restriction is appropriate under:

• applicable law;

• the Terms of Use;

• Platform policies;

• court orders;

• legal obligations.

4.1 Repeat Infringers

Tool-O may take action against Users who repeatedly infringe the intellectual property rights of others.

Repeated infringement may result in:

• removal of content;

• suspension of Listings;

• Booking restrictions;

• Account suspension;

• permanent termination of Platform access.

4.2 Investigation

Tool-O may investigate suspected intellectual property infringement using information including:

• copyright notices;

• counter notices;

• communications;

• Platform records;

• uploaded content;

• other relevant information.

4.3 Cooperation

Users agree to reasonably cooperate with Tool-O during investigations relating to alleged copyright infringement.

Tool-O may request additional information where reasonably necessary.

4.4 Temporary Measures

During an investigation, Tool-O may:

• temporarily remove content;

• disable access to content;

• suspend Listings;

• restrict Accounts;

• preserve evidence;

• take other reasonable interim measures.

4.5 Compliance with Law

Tool-O may comply with:

• court orders;

• injunctions;

• regulatory requirements;

• lawful requests from authorities;

• other legal obligations relating to intellectual property.

4.6 Good Faith

All participants in the copyright process must act honestly and in good faith.

Knowingly submitting false information may result in enforcement action.

4.7 No Liability

To the extent permitted by law, Tool-O is not liable for removing, restricting or restoring content where it has acted reasonably and in accordance with this Policy, the Terms of Use or applicable law.

4.8 Policy Changes

Tool-O may amend this Copyright Policy from time to time.

The most current version published on the Platform replaces all previous versions.

4.9 Relationship with Other Policies

This Copyright Policy should be read together with the:

• Terms of Use;

• Content Policy;

• Acceptable Use Policy;

• Privacy Policy;

• all other Platform policies.

Where there is any inconsistency, the Terms of Use prevail to the extent permitted by law unless another document expressly provides otherwise.

4.10 Australian Consumer Law

Nothing in this Copyright Policy excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation.

END OF COPYRIGHT POLICY