Notice and Take Down procedure DealBanana

 

  1. DealBanana describes in the following the Notice and Take Down procedure (hereafter: “NTD-procedure”) that will be applied in case of a request to amend or remove content from DealBanana.com placed by DealBanana and/or External parties.

 

  1. DealBanana will as far as possible adhere to the procedure mentioned herein. However, if this is not possible, DealBanana is by no means bound to follow this procedure. Applicants or third parties can not derive rights from this procedure.

 

Request to remove or amend displayed offers

 

  1. A request for removal or amendment will only be considered if the following conditions are met:
  • if the applicant is a stakeholder;
  • if the displayed offer is illegal, or otherwise in violation of the laws or rights of third parties;
  • if the applicant has met all the substantive requirements of the NTD-procedure.
  1. Upon receipt of a request, DealBanana will:
  • send an acknowledgement of receipt of the request to the applicant;
  • check that it meets the requirements of the NTD-procedure;
  • if necessary, request additional information from the applicant;
  • analyze whether the offer is illegal, or otherwise in violation of the laws or rights of third parties;
  • discontinue or amend the displayed offer or reject the request.
  1. The request for removal or amendment will in any case contain:
  • (company) name of applicant:
  • applicant’s address;
  • contact person concerning the request;
  • correspondence address;
  • telephone number;
  • URL offers on DealBanana.com;
  • name seller;
  • evidence of complaint;
  • description why the offer is illegal or otherwise contrary to the law;
  • in the event of a copyright infringement: a URL of the original location of the offer;
  • proof that the applicant is entitled to the rights that have been infringed;
  • proof that the offer is not original, for example through a trial purchase.
  1. The request for removal or amendment can be sent to legal@dealbanana.uk.
  2. DealBanana will, within 15 working days of receiving a complete request for removal or amendment, provide the sender with an evaluation of this request.
  3. If the above mentioned 15-day period is too long, the applicant can request that DealBanana deals with the report as a matter of urgency. The reasons for this should be fully explained by the applicant. If agreed to the urgency request, DealBanana will give an evaluation on the request for removal or amendment within 48 hours.
  4. DealBanana will only remove or amend the displayed offer, if it is clearly demonstrated that the displayed offer is unlawful or otherwise in violation of any laws or rights of third parties, this at the discretion of DealBanana. DealBanana is free to refrain from the request for removal or amendment without giving reasons.
  5. DealBanana will only respond to a request for amendment or deletion of the offer, if the person who made the request, and the involved stakeholders, DealBanana indemnify against any damage that causes DealBanana, or the involved stakeholders a loss due to (temporary) disabling of the displayed offer related. DealBanana may also set other conditions for granting a request for amendment or deletion of the displayed offer.