Introduction
AXS Pte Ltd is a network service provider ("NSP") as defined under Section 193A of the Copyright Act of Singapore (Cap 63, 2006 Rev Ed) as it provides or operates facilities for online services or network access. The Copyright Act, read together with the Copyright (Network Service Provider) Regulations (together, the "said laws"), provides legal immunity from copyright infringement liabilities for NSPs such as AXS Pte Ltd by reason of storage of data at the direction of a user of AXS's primary network of an electronic copy of the material on the said primary network, or by reason of AXS Pte Ltd referring or linking a user of any network to an online location on a network, being a location at which an electronic copy of the material is made available, by the use of (i) an information location tool such as a hyperlink or directory or (ii) an information location service such as a search engine, where the NSPs has complied with the conditions set out in Section 193D of the Act.
AXS Pte Ltd has designated a representative to receive notices that are referred to in Section 193D and has published the prescribed information on the designated representative in the manner required under the said laws.
Take-down Procedure
If you think that copyright of your materials has been infringed, you are required to send a take-down notice (in the form prescribed by the Copyright Act) to AXS Pte Ltd's Designated Representative at the address below in accordance with the Copyright Act. Upon receipt of a valid take-down notice, AXS Pte Ltd will take reasonable steps to remove or disable access to the material in accordance with the Copyright Act.
Restoration Procedure
As soon as the material has been removed or access disabled, AXS Pte Ltd will take reasonable steps to notify the person who has posted the material (the "Respondent"). The Respondent may, within the prescribed time and in accordance with the Copyright Act, send a valid counter-notice (in the form prescribed by the Copyright Act) to AXS Pte Ltd's Designated Representative at the address below, to restore the material. AXS Pte Ltd will then take reasonable steps to restore the material if it is technically and practically feasible to do so unless the copyright owner commences court proceedings to prevent the restoration of the material and AXS Pte Ltd is informed of such proceedings.
AXS Pte Ltd's Designated Representative
Mr. Victor Ong
Director, Corporate Services
By post: 61 Mohd Sultan Road, Sultan Link #01-11, Singapore 239001
By email to AXSCorporateServices@axs.com.sg
By fax : (65) 6636 4550
Please note that the Designated Representative should ONLY be contacted for notifications under the Act and not for general or other queries.
Form of take-down notice
A valid take-down notice to be sent to AXS Pte Ltd shall be signed by the complainant and contain all of the following information:-
1. name, address, telephone number, facsimile number (if any) and email address of the complainant and the address for service in Singapore if complainant is not resident in Singapore;
2. sufficient information to enable AXS Pte Ltd to identify the infringing material and its online location;
3. a statement that the complainant requires AXS Pte Ltd to remove/disable access to the material;
4. a statement that the complainant, in good faith, believes that the material is an infringing copy;
5. a statement that the information in the take-down notice is accurate;
6. a statement that the complainant is the copyright owner or exclusive licensee or that he is authorised to act on behalf of such owner or exclusive licensee; and
7. agreement that the complainant submits to the jurisdiction of the Singapore courts.
Form of counter-notice
A valid counter-notice to be sent to AXS Pte Ltd shall be signed by the Respondent and contain all of the following information:- 1. name, address, telephone number, facsimile number (if any) and email address of the Respondent and the address for service in Singapore if the Respondent is not resident in Singapore;
2. sufficient information to enable AXS Pte Ltd to identify the material removed or to which access was disabled and/or its online location before it was removed or disabled;
3. a statement that the Respondent, in good faith, believes that the material was removed or access was disabled as a result of mistake or misidentification or the material does not infringe copyright in any material;
4. a statement that the information in the counter-notice is accurate; and
5. agreement that the Respondent submits to the jurisdiction of the Singapore courts.
Please note that under section 193DD of the Copyright Act, if a party is found to have made a statement which is false or which he does not believe to be true in his take-down notice or counter-notice, he shall be liable in damages to any party who suffers any loss/damage as a result of that notice or counter-notice and if convicted, he shall be liable to a fine not exceeding S$10,000 or to imprisonment for a term not exceeding 2 years.
