CHOOICE IP POLICY
1 ABOUT THIS POLICY
1.1 Chooice takes intellectual property rights seriously. We comply with applicable intellectual property laws and best industry practices to maintain the integrity of Chooice.
1.2 This IP policy explains how we address allegations of infringement, how authorised parties can submit infringement notices regarding content on Chooice, and how merchants can respond when their stores or listings are affected by a notice.
1.3 Our merchants’ use of Chooice is also governed by our merchant terms, available at www.chooice.co.nz/vendor-terms-and-conditions/ (Merchant Terms). Unless the context requires otherwise, capitalised terms used in this policy have the meaning given to them in the Merchant Terms.
2 CHOOICE’S ROLE
2.1 Chooice is a marketplace for users to transact, comprised of third-party merchants who run their own stores and create their own listings and policies and users who can discover and purchase products and services and support New Zealand businesses.
2.2 Merchants are not employees, agents or representatives of Chooice. Merchants are responsible for providing their products and services and complying with the law. We do not do any of this on behalf of merchants.
2.3 Merchants are responsible for ensuring they have all necessary rights to their Content and to sell their products and services through Chooice and that they are not infringing or violating any third party’s Intellectual Property Rights by uploading their Content onto Chooice or selling their products and services through Chooice. We reserve the right to remove or disable any Shop Listing, store, or account that we believe violates our Merchant Terms and/or this policy.
2.4 Chooice cannot speak on behalf of Intellectual Property owners, offer legal advice or make determinations on whether a merchant’s Content or products or services infringes a third party’s Intellectual Property Right.
2.5 We will remove Content or Shop Listings cited for alleged Intellectual Property infringement from Chooice as soon as reasonably practicable when provided with a proper notice.
2.6 We are not responsible for removing, and have no ability to remove, Public Content that merchants have on their websites and social media feeds.
3 NOTICES OF IP INFRINGEMENT
3.1 We aim to respond quickly when we receive proper notice of Intellectual Property infringement by removing or disabling access to the allegedly infringing Content or Shop Listing. When we remove or disable access in response to a notice, we will make a reasonable attempt to contact the affected merchant, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. We may also provide a copy of the infringement notice, including the contact details of the reporting party, to the affected merchant.
3.2 Before processing a notice, we may request additional information such as identity verification of the reporting party or documentation relating to the claimed right. We may, at our discretion, reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. We also reserve the right to take action against abusers of this policy.
4 COUNTER NOTICE
We accept counter notices for notices alleging copyright infringement only. When we receive a counter notice, we will provide a copy of the counter notice to the original reporting party. The removed Content or Shop Listing may be replaced or access to it may be restored 7 days after the counter notice is processed, unless the copyright owner files an action seeking a court order against the allegedly infringing merchant and informs Chooice of this action.
5 REPEAT INFRINGEMENT
5.1 We may, at our discretion, terminate selling privileges and/or the accounts of merchants who are subject to repeat or multiple notices of Intellectual Property infringement.
5.2 If we believe a merchant has attempted to open a new store after termination of their initial account, we reserve the right to refuse all services to that merchant. We may exercise this right against any accounts we believe are associated with or operated by that merchant.
6 NOTICE WITHDRAWALS
6.1 We only accept withdrawals of infringement notices directly from the Intellectual Property owner or authorised representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the merchant and/or Content or Shop Listing (e.g. by providing the store name and relevant Chooice store page URL(s)).
6.2 Once we receive a formal withdrawal of a notice of infringement, we will make reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the member affected by the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and that withdrawals do not guarantee changes to a member’s account and/or store status.