RULES FOR EDITING PRODUCT INFORMATION ON BENEKO RULES ON LIABILITY FOR CONTET OF REVIEWS AND CONTRIBUTIONS INPUT BY USERS OF BENEKO MARKETPLACE
The beneko Marketplace operator
The Business Resource Network, 53 Whateley’s Drive,
Kenilworth, Warwickshire, CV8 2GY,
The Registrar of Companies for England and Wales
(hereinafter referred to as the “Operator”
- These Rules on liability for content of reviews and contributions input by Users of Beneko Marketplace (hereinafter referred to as the “Rules for Writing Reviews” or “RWR”) are issued by BENEKO.COM LLP, stated in the heading of these RWR as Beneko Marketplace Operator. The purpose of these RWR is to sets the rules on liability of the Operator for the content of contributions and reviews input by Users on the BENEKO MARKETPLACE Portal’s website and BENEKO APP mobile application for the purpose of assessing the quality of services connected to the E-shop, or sharing experience of specific goods (hereinafter “Reviews”).
- These RWR constitute a part of the Special Terms and Conditions of Using the Portal under Article I., point 3. of the Terms and Conditions of Use for the Beneko Marketplace Website, available at is https://beneko.com/gbc hereinafter referred to as the “Conditions of Use”), which applies to these RWR, unless these RWR designate a different term and define its interpretation. To avoid any doubts, the interpretation of terms pursuant to Article II. of the Conditions of Use applies to these RWR, unless a different term is referred to, with a definition of its interpretation, in these RWR.
- This document does not establish any contractual relationship between the Operator and a User – it only sets out matters of extra-contractual liability for content and does not replace the arrangements between the Operator, a User and a Retailer contained in the Conditions of Use and Special Terms and Conditions in accordance with Article I. point 3. of the Conditions of Use.
OPERATOR’S LIABILITY FOR REVIEWS
- The Operator enables Users to input Reviews for individual Retailers or goods they offer. Users input Reviews quite independently through the Portal, they are automatically published on the website without a prior check by the Operator.
- Regarding the aforementioned procedure, the Portal is regarded as a service enabling the storage of information provided by Users (i.e. Reviews), and the Operator is therefore regarded as the provider of information society services pursuant to respective provisions of UK and EU legislation.
- In accordance with the previous Article, the Operator is obligated to supervise the content of saved information (Reviews) and actively search for facts and circumstances indicating the unlawful content of information input.
- The Operator is liable for the contents of Reviews only in the following cases:
a) if it could, regarding the subject of its activities (i.e. the operation of the Portal) and the circumstances and nature of the case, have known that the contents of the information saved (Reviews) or the User’s actions were unlawful; or
b) it demonstrably learned of the unlawful nature of the content of the information saved (Reviews) or of the unlawful conduct of a User and did not promptly take all steps that could be required of it to remove such information or make it unavailable.
- Regarding the fact that in the case of the Portal the Operator is not obligated to supervise the content of Reviews and check their compliance with legal regulations, the case of liability in accordance with Article II. point 4. lett. a) is not applicable in practice in the case of the Portal. The Operator can be liable in accordance with Article II. point 4. lett. b), if the conditions in accordance with Article III. of these RWR are met.
- The Operator does not exercise any influence over the activities of a User during the inputting of Reviews and in no way influences the contents of Reviews.
CONDITIONS FOR REMOVING REVIEWS
- Regarding Article II. of these RWR, the Operator basically does not remove Reviews, except for the procedure in accordance with Article III. of these RWR.
- A Retailer or a User is entitled to send the Operator a notification of the unlawful nature of a Review. Notifications must contain information sufficient so that the Operator, in accordance with Article II. point 4. lett. b) of these RWR, demonstrably learns of the unlawful nature of a Review, where the following information must result from it:
a) identification of the Review;
b) reason/s for unlawfulness;
c) a reference to the provisions of legal regulations that the Review breaches;
d) evidence of unlawfulness (in particular a final court decision or decision of another competent authority).
- Notification can be sent to the Operator by e-mail, to the address firstname.lastname@example.org.
- The Operator is not obligated to assess the unlawfulness of actions and the degree of a breach of legal regulations by the inputter of a Review. The Operator will therefore only remove a review in the event a notification meets all the requisites in accordance with Article III. point 2. in such a manner that the unlawfulness of a review is demonstrable in accordance with Article II. point 4. lett. b). A notification that does not meet the conditions in accordance with this Article III. will be rejected. The Operator is entitled, but not obligated, to justify the rejection of a notification.
- For this reason, in accordance with Article III. point 4., it is not possible to comply with requests containing claims about the unlawfulness of information stated in a Review without further legal justification and relevant evidence that clearly results from unlawfulness.
- These RWR in no way limit the Operator’s right to delete a Review in the event it regards the Review as unlawful or as inappropriate in terms of its content or formally for the Portal or its relevant section. The rights and duties of Users and the Operator in connection with the inputting and removal of Reviews are stipulated in Article IX. of the Conditions of Use.
- Rights and duties not set out by these RWR shall be governed by the Conditions of Use and the Special Terms and Conditions to the extent to which they are not in conflict with these RWR, as well as by generally binding legal regulations.
- The rules for the making of unilateral amendments to these RWR by the Operator are stipulated in Article XI. point 2. of the Conditions of Use.
- These RWR comes into effect on 01.11.2019.