+61 450 200 504  Level 5 Unit 508 321, Pitt st Sydney NSW 2000

Intellectual Property

Tour By Me respects the intellectual property rights of everyone, and desires to offer a platform which contains no content that violates those rights. We require that information or content published on our App and Site be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, Tour By Me provides a process for submission of complaints concerning content of Tour By Me, or other licensors that is hosted on our App or Site.
Our policy and procedures are described and/or referenced in the sections that follow.

Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.

A. COPYRIGHT INFRINGEMENT


Whom you can file a claim regarding a copyright infringement to?
All claims alleging copyright infringement for material that you believe to be residing on our App or website, should
be promptly sent in the form of written notice to our Copyright Agent:

Copyright Agent for Copyright claim notices:-
Name: Candra
Email: [email protected]
Phone: +62 81999 200099
Postal: Mahendradatta Utara No.11, Tegal Kertha, Kec. Denpasar Bar, Kota Denpasar, Bali 80111, Indonesia

How can you file a claim regarding a copyright infringement?
Valid claim must be a written communication that includes all of the following elements:
● Signature of copyright owner or person authorized to act on behalf of the owner;
● Identification of copyrighted work claimed to be infringed;
● Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
● Information reasonably sufficient to permit us to contact the complaining party (address, phone number and, if available, email address);
● A statement that the complaining party has a good faith belief that use of the material in the manner
complained is not authorized by the copyright owner, its agent, or the law; and
● A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

Please note, there are substantial penalties for false claims, and we can also disable your accounts. We reserve the right to accept or reject your claim, at our sole judgment and discretion.

How to file a counterclaim against a copyright infringement claim?
If a notice of alleged copyright infringement has been wrongly filed against you, you may submit a counter-claim to our Copyright Agent. A valid counterclaim must be a written communication that includes all of the following elements:
● A physical or electronic signature;
● Identification of the material that has been removed or to which access has been disabled and the location at
which the material appeared before it was removed or access to it was disabled;
● A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled
as a result of mistake or misidentification; and
● Your name, address, and telephone number

Upon receipt of a valid counterclaim, we may forward it to the original complainant who submitted the claim alleging copyright infringement. We reserve the right to accept or reject your counterclaim, at our sole judgment and discretion.

B. TRADEMARK INFRINGEMENT


For the purposes of this section, “User Generated Content (UGC)” refers to the content added by users (such as feedback) as opposed to content created by Tour By Me. All content uploaded to Tour By Me by our members is User Generated Content.


Tour By Me does not check User Generated Content (UGC) for violations of trademark or other rights. However, if you believe any of the uploaded content violates your trademark, you should follow the process below. Tour By Me looks into reported violations and removes or disables content shown to be violating third party trademark rights.

In order to allow us to review your report promptly and effectively, a trademark infringement notice (“TM Notice“) should include the following:
● Identification of your trademark and the goods/services for which you claim trademark rights
● Your trademark registration certificate and a printout from the pertinent country’s trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights
● A short description of how our user(s) allegedly infringe(s) your trademark(s)
● Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the URL, etc.
● Your complete name, address, email address, and telephone number.
● A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
● A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark or are authorized to make the complaint on behalf of the trademark owner
● Your electronic or physical signature

WHERE TO SEND?
You can send your TM Notice to:
Email: You can submit the TM Notice electronically to [email protected]

Please note that we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with the applicable law.

FALSE CLAIM
You could be liable for the punishment for perjury or such other legal recourse if you make a false claim alleging trademark infringement. We may also disable your account, without any refund, in such cases.

C. OUR INTELLECTUAL PROPERTY RIGHTS


Our Website, App, logos, Tour By Me Content, designs, trademarks, trade dress, trade name, all of our features, functionalities and services, shall remain the sole property of Tour By Me, and/or its licensors, as the case may be. Your use of or access to our Site or App or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Site/App, our services, any content (except your own content), designs, published by us or our licensors or third parties. This Platform and the content, including but not limited to
the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is
protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this App/Site are the exclusive property of, or are licensed to the Tour By Me and are protected under applicable law. No use of a trademark, trade dress, trade name, content, course or design appearing on our App/Website may be made without the prior written permission of Tour By Me.


Last Updated: September 01, 2022.