GS1 Alliance Partner Program Specific Terms and Condition of Use

Effective 20 December 2024

1.0 This Agreement

1.1 This agreement, which comprises the specific terms for the GS1 Alliance Partner Program (“GS1 Specific Terms”), the GS1 General Terms for GS1 Services (“GS1 General Terms”) and the GS1 Alliance Partner Program Registration Form (“Registration Form”), set out the GS1 terms which govern Your access to and use of the GS1 Alliance Partner Program service (“GS1 Service”).

1.2 By accessing and using the GS1 Service, You agree to the:

(a) GS1 Specific Terms;

(b) GS1 General Terms; and

(c) the terms in the Registration Form.

(collectively, “the GS1 Terms”).

In the event of an inconsistency in terms of the GS1 Terms, the order of the documents as presented in this clause will prevail to the extent of the inconsistency.

1.3 You, and any person who accepts this Agreement on Your behalf:

(a) acknowledge you have read and understood the GS1 Terms;

(b) agree to the GS1 Terms;

(c) warrant full legal capacity and power is present to enter into the Agreement to satisfy the obligations specified; and

(d) warrant that any necessary due diligence has been completed to make the decision to enter into the Agreement.

2.0 The Service

2.1 The GS1 Service comprises the following membership levels one of which you must nominate in the Registration Form:

(a) Strategic Alliance Partner;

(b) Business Alliance Partner;

(c) Associate Alliance Partner; and

(d) Micro-Associate Alliance Partner.

2.2 Upon acceptance of Your Registration Form, GS1 Australia will provide the GS1 Service in accordance with Your membership nomination pursuant to clause 2.1. Your membership will automatically roll over at the end of every financial year unless terminated by You in accordance with clause 6.0.

2.3 You understand that:

(a) this Agreement does not affect any other GS1 terms and conditions to which You are subject and You agree to continue to comply with all such terms and conditions, including insofar as they apply to any use of the applicable GS1 Service, provided that , to the extent of any inconsistency, the terms and conditions of this Agreement shall prevail in respect of any matter relating directly to the GS1 Service.

(b) You and GS1 Australia may investigate and agree to undertake joint activities that require a separate non-disclosure agreement beyond the GS1 Terms. In this case, each party will assess their ability to meet the requirements under such agreement.

(c) GS1 Australia will maintain the Solution Provider Directory to ensure that the services offered by GS1 Alliance Partners are made available to the GS1 Members in support of the GS1 Standards and other GS1 services.

3.0 Your Rights and Obligations

3.1 You must:

(a) actively implement and adopt GS1 Standards in Your products and services;

(b) actively promote the value of and use of GS1 Standards with Your customers;

(c) use Your best endeavours to engage in a consistent and open dialogue with GS1 Australia to ensure opportunities for collaboration are maximized;

(d) use Your best endeavours to maximise the benefits of the GS1 Service by investing time and effort to promote the Partner Program.

3.2 With respect to training and education, You must ensure that:

(a) Your staff undertakes a minimum level to ensure familiarity with GS1 Standards as offered by GS1 Australia from time to time;

(b) Your staff completes GS1 Standards training to keep up to date with any developments as offered by GS1 Australia;

(c) at a minimum, Your Primary Contact and Sales or Business Development Contact attends the “Getting Started with your Barcodes” sessions annually. Any replacement personnel must complete this training within 3 months of commencing the role.

3.3 You may collaborate with GS1 Australia under the Partner Program:

(a) by invitation from GS1 Australia for special events;

(b) in sponsorship opportunities made available by GS1 Australia;

(c) by inviting GS1 Australia to participate in a co-branded event with You;

(d) in third party events where You or GS1 Australia may invite the other parties to participate in third party events; or

(e) as a silent partner where You may only contribute marketing material (where applicable), which is approved by GS1 Australia.

3.4 You and GS1 Australia agree that participation in Partner Program events set out under clause 3.3:

(a) will be assessed on a case-by-case basis;

(b) invitations to collaborate will be at the discretion of GS1 Australia; and

(c) participation in the event is voluntary.

3.5 Where applicable you may provide GS1 Australia with Content to upload onto the Solution Provider Directory. You understand that:

(a) GS1 has final editorial control over the Content on the Solution Provider Directory and will update Your Content on Your behalf in accordance with Your written instructions;

(b) it is Your responsibility to check, maintain and approve all Content and advise GS1 Australia in writing if any changes are required;

(c) You must ensure that all Your Content uploaded on the Solution Provider Directory:

(i) complies with all Applicable Laws;

(ii) is correct, accurate, complete or suitable for the intended purpose and any inaccurate, incomplete, out-of-date Content is updated or otherwise removed; and

(iii) does not infringe GS1 Australia’s or any third party’s intellectual property rights.

(d) You acknowledge that it is Your responsibility to ensure that any Content and updates to that Content is correct, accurate, complete or suitable for the intended purpose.

3.6 You acknowledge that GS1 Australia is not party to any transaction between You and any GS1 Members resulting from the publication of Your Content on the Solution Provider Directory. GS1 Australia has no responsibility:

(a) for ensuring the correctness, accuracy, completeness or suitability for the intended purpose of any Content on the Solution Provider Directory; or

(b) with respect to any transaction itself (including any claim or dispute relating to that transaction) which may result from the Solution Provider Directory.

4.0 GS1’s Obligations

4.1 GS1 must:

(a) comply with all Applicable Laws with respect to the GS1 Service;

(b) deliver inclusion to the Partner Program in accordance with the nomination made by You in the Registration Form;

(c) promote the adoption of the GS1 Standards as best practice to customers and potential customers;

(d) from time to time, offer collaboration opportunities in accordance with Clause 3.3;

(e) update to your Content on the Solution Provider Directory within a reasonable time after receiving written notice of the changes from You.

5.0 Fees and payment

5.1 You must pay GS1 Australia the Fees for the GS1 Service annually, in advance, in accordance with your membership nomination in your Registration Form.

5.2 Unless otherwise agreed to in writing between You and GS1 Australia, the payment provisions in the GS1 General Terms and the GS1 Terms of Trade will apply to the payment of the Fees.

6.0 Termination

6.1 You may terminate these GS1 Specific Terms in accordance with clause 14 of the GS1 General Terms.

6.2 You understand that each GS1 Specific Terms You have agreed to are separate and independent and terminating these GS1 Specific Terms will not affect other GS1 Specific Terms or the GS1 General Terms in force with GS1 Australia.

7.0 Definitions

In these GS1 Specific Terms, the following words have these meanings unless a contrary intention appears. Other meanings not specified below are set out in the GS1 General Terms:

Content means the information and other materials provided by You to GS1 (or directly to the GS1 Service) for the purposes of publication on, or use in relation to, the GS1 Service and includes publication of the Content on the Solution Provider Directory.

GS1 Service means the Alliance Partner Program (including the Solution Provider Directory) which is more specifically described on the GS1 Website and in the Alliance Partner Benefits and Media Tool Kit.

GS1 Standards means any standards (as varied from time to time) that provides for identification and communication of Content and information regarding products, assets, services and locations and includes specifically the Product Image Specification GS1 Standards Document (as varied from time to time).

Partner Program means the GS1 Australia Alliance Partner Program established with the aim of ensuring its members have access to services and solutions that support GS1 Standards, such as GS1 Identification Keys, GS1 Data Carriers and Application Identifiers, and GS1 EANCOM and XML, Global Data Synchronisation and EPCIS standards.

Solution Provider Directory means an online directory resource containing detailed information about Solution Providers who may provide GS1 Members with products, services and tools to help them implement GS1 Standards.

You means the entity whose details are set out in the Registration Form (and “you”, “your” and “Your” has a corresponding meaning) and includes Your Primary Contact as set out in the Registration Form.