GS1 National Product Catalogue Specific Terms and Condition of Use - For Australian Users

Effective 1 July 2024

This Agreement

1. This agreement, which comprises the specific terms for the Australian National Product Catalogue service (“GS1 Specific Terms”), together with the GS1 General Terms for GS1 Services (“GS1 General Terms”), sets out the GS1 terms which govern Your access to and use of the Australian National Product Catalogue service.

2. By accessing and using the National Product Catalogue service, You agree to the:

   1. GSDN Terms;

   2. GS1 Specific Terms;

   3. GS1 General Terms for GS1 Services.

• • (collectively, “this Agreement”).

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

National Product Catalogue Service and GDSN Participation

1. GS1 Australia will provide You with a User ID and Password (“Sign On”) in order to enable You to access and use the National Product Catalogue. You must keep the Sign On details assigned to You confidential at all times and not permit any person, other than Your Authorised Personnel, to use the National Product Catalogue, and then only in accordance with this Agreement.

2. GS1 Australia may access the National Product Catalogue on Your behalf without notice for purposes associated with the National Product Catalogue, including but not limited to administration, training, education and support.

3. GS1 Australia may share Your Content with National Product Catalogue Recipients upon the Data Recipient request.

4. National Product Catalogue Recipients, when accessing Content through the Application Programming Interface (API) Query (“Recipient Query”), may have visibility of all data elements that are considered neutral i.e. not Trading Partner dependent.

5. Without limiting any other provision of this Agreement, GS1 Australia may at any time provide Content about Your products from the National Product Catalogue and GTIN Search to GS1 Services, GS1 NZ Services and contracted government agencies. This Content will:

   1. contain, for Content to be shared other than with the GS1 Registry Platform and GS1 Registry Services, basic product information such as, but not limited to, product number, product description, brand name, category and net content, and other “on pack” or consumer label data;

   2. contain, for Content to be shared with the GS1 Registry Platform and GS1 Registry Services, the following fields: product number or GTIN; brand name; product or label description; medium resolution product image (if available); net content and unit of measure; target market; company name; and product classification (category) subject to such additional or changed fields as be notified by GS1 from time to time;

   3. contain, for Content to be shared with Recipients via the Recipient Query, all those data elements that are considered neutral i.e. not trading partner dependent;

   4. in all cases be restricted, at the time of sharing, to Publicly Available Product Data. If You do not wish Your Content to be made available to organisations that You have not specifically published to, You can opt out through the designated management process or by contacting the National Product Catalogue administration team directly. If You are an Individual or Sole Trader You have the right to be de-identified upon request.

6. In the event GS1 Australia migrates the National Product Catalogue from one platform to another, or upgrades the software to meet GDSN requirements and/or standards, and there are requirements on You for data validation and/or maintenance:

   1. GS1 Australia will advise You the data validation and/or maintenance requirements to be completed;

   2. You agree it is Your responsibility to ensure that the necessary data validation and/or maintenance requirements are completed satisfactorily according to the advice and by the required date whether by Yourself or by Your nominated Third Party Service Provider and that such data validation and/or maintenance is performed entirely at Your cost; and

   3. You agree that if You, or Your nominated Third Party Service Provider, have not completed the required data validation and/or maintenance by the required date GS1 Australia will have the authority to make the required data validation and maintenance changes on Your behalf provided that GS1 Australia gives You at least 30 days written notice of the mapping change requirements. In this event GS1 Australia is not responsible for ensuring that any data altered meets Your business requirements.

7. The GS1 Global Registry and Your access to it via the National Product Catalogue are subject to the GDSN Terms. Accordingly, You acknowledge and agree that Your right to participate and use the National Product Catalogue and to access the GS1 Global Registry or the GDSN are conditional on You complying with the GDSN Terms which are set out in Annexure A.

8. In accordance with the GS1 General Terms, GS1 Australia may discontinue any product, system, service or catalogue provided through, or associated with, the National Product Catalogue.

Publisher Obligations

1. Unless otherwise specified by GS1 Australia, You are solely responsible:

   1. for supplying, maintaining and updating all Content on the National Product Catalogue and administering access to Content by Your trading partners and staff or other representatives;

   2. for reviewing and checking all Content on the National Product Catalogue (including, without limitation, any Content updated by GS1 at Your request and any determination or confirmation of the GST classification of food and beverage items by GS1) as correct and complete;

   3. for obtaining at Your own cost all equipment and software necessary to enable You to access and use the National Product Catalogue.

2. You must not, and must ensure that any person accessing or using the National Product Catalogue, or on Your behalf, does not:

   1. use any data or information entered onto, or made available to You via, the National Product Catalogue by other members and users of the National Product Catalogue (“Trading Partner Information”) other than for the purposes of conducting transactions and exchanges of data in the manner reasonably contemplated by these terms and conditions; or

   2. repackage or transform, resell, on-supply, distribute or disclose Trading Partner Information (whether in the format supplied to You or altered in anyway by You or Your Third Party Service Providers) to third parties except by the publish and subscribe data exchange processes subscribed to, and provided within, the National Product Catalogue.

3. You agree that You are expressly prohibited from accessing or using the Content other than for Your own business purposes and warrant that the Content will not be used for the purposes of resale or redistribution in whole or in part by You, or any third party recipient of the Content from You, via a means of exchange other than provided for within the National Product Catalogue.

Recipient Obligations

1. Unless otherwise specified by GS1 Australia, You are solely responsible for obtaining at Your own cost all equipment and software necessary to enable You to access and use the National Product Catalogue.

2. You must not, and must ensure that any person accessing or using the National Product Catalogue, or on Your behalf, does not:

   1. use any data or information entered onto, or made available to You via, the National Product Catalogue by other members and users of the National Product Catalogue (“Trading Partner Information”) other than for the purposes of conducting transactions and exchanges of data in the manner reasonably contemplated by these terms and conditions; or

   2. repackage or transform, resell, on-supply, distribute or disclose Trading Partner Information (whether in the format supplied to You or altered in anyway by You or Your Third Party Service Providers) to third parties except by the publish and subscribe data exchange processes subscribed to, and provided within, the National Product Catalogue.

3. You agree that You are expressly prohibited from accessing or using the Content other than for Your own business purposes and warrant that the Content will not be used for the purposes of resale or redistribution in whole or in part by You, or any third party recipient of the Content from You, via a means of exchange other than provided for within the National Product Catalogue.

4. You agree and warrant that:

   1. You are responsible for the ongoing use of any Publisher’s Content on the National Product Catalogue accessed by or delivered to You;

   2. any subsequent use of that Content, by You and any of Your service providers, contractors or agents, is only for the purposes intended by the Publisher when publishing to You and that it will be used expressly for Your own business purposes excepting where those purposes involve reselling or repurposing the Content;

   3. if you have delivered Content referred to in (b) to Your service providers, contractors or agents, that You have requested that any such service provider, contractor or agent warrants they will only use that Content for Your business purposes.

Third Party Service Provider Obligations

1. You, in Your capacity as Publisher and/or Recipient, are responsible for any Third Party Service Provider acting on Your behalf with respect to the use and access of the GS1 System or GS1 Service. The actions of the Third Party Service Provider will be construed as Your actions for the purposes of the GS1 Terms.

2. You must ensure that the Third Party Service Provider:

   1. has the requisite authority to act on Your behalf and You must provide evidence of such authority to GS1 Australia on request;

   2. has all necessary licences in relation the use of Your Content;

   3. has read, understood and agreed to the GS1 Terms; and

   4. complies with all Applicable Laws.

3. GS1 Australia may elect not to provide, or to suspend or terminate, at any time the Third Party Service Provider access to and use of, the GS1 Service until such time as GS1 Australia has evidence that the requirements in clause 5.2 are satisfied.

4. Unless otherwise specified by GS1 Australia in writing, where You have subscribed to the GS1 Service via a Third Party Service Provider you acknowledge that:

   1. the terms and conditions of any agreement between You and the Third Party Service Provider are not binding on GS1 Australia and do not in any way affect this Agreement;

   2. GS1 Australia is not a party to any transaction between You and the Third Party Service Provider including transactions for the Third Party Service Provider’s use of the Content (otherwise than as set out in these National Product Catalogue Terms and Conditions);

   3. with respect to Clause 5.4(b), GS1 Australia has no responsibility:

      1. for ensuring the correctness, accuracy, completeness or suitability for intended purpose of any Content on the National Product Catalogue service; or

      2. with respect to any transaction itself (including any claim or dispute relating to that transaction).

5. Should your agreement with the Third Party Service Provider end You will remain a subscriber of the GS1 Service until You terminate Your GS1 Membership in accordance with the GS1 General Terms.

6. The Third Party Service Provider understands that access to or use of Your Content on the National Product Catalogue service by the Third Party Service Provider may be suspended, without liability to GS1 Australia, at any time:

   1. by the Publisher or Recipient for any reason; or

   2. by GS1 Australia for any reason including, without limitation, if the Publishers or Recipients for whom the Third Party Service Provider acts have been suspended or terminated.

7. GS1 Australia will attempt to notify the Third Party Service Provider of any such suspension but will not be liable for not doing so.

8. Third Party Service Providers that handle Content published to or from the National Product Catalogue are expressly prohibited from using that Content in any form whatsoever for any organisation other than for the specific Publisher or Recipient the Content was published to or on behalf of.

Fees and Payment

1. You must pay GS1 Australia the Fees for the National Product Catalogue Service as advised to You by GS1 Australia in writing.

2. Unless otherwise agreed to in writing by the parties, the GS1 General Terms will apply to the payment of Fees.

Liability

1. In addition to, and without limiting the limitation of liability set out in the GS1 General Terms, to the maximum extent permitted by law, GS1 excludes all liability for Loss suffered or incurred by You arising from or in connection with:

   1. arising from any delay, error or failure in the determination, verification or notification to You of the GST classification of food and beverage items in accordance with Clause 8.3;

   2. the access or use of the Content by any governmental regulatory or other authority or body.

2. Without limiting Clause 9 of the GS1 General Terms, to the maximum extent permitted by law, GS1’s total aggregate liability arising under or in connection with this Agreement or its subject matter is limited to an amount equal to the total amount of the Fees paid by You in the twelve (12) months immediately preceding the date that the cause of action (or, if more than one, the first such cause) arises.

3. The provisions of this Clause 7.0 (Liability) are in addition to, the terms of the GDSN Terms.

Intellectual Property

1. In addition to Your obligations under the GS1 General Terms, You are solely responsible for management and enforcement of Your Intellectual Property Rights with respect to Your Recipients and their use of Your Content.

2. To the maximum extent permitted at law, You agree that GS1 Australia shall not be responsible for any Loss whatsoever incurred by You as the result of any use by Your Recipients of Your Content.

3. In addition to the uses listed, You agree that the licence granted pursuant to clause 10.5 of the GS1 General Terms may be also used by GS1 Australia for the purposes of:

   1. making the Content (other than the Confidential Content) available to any registered user of the National Product Catalogue (whether that Content is made available in connection with the National Product Catalogue or otherwise) including the provision of a title to use that Content for their legitimate business purposes as contemplated by this Agreement on or after the date on which, according to GS1’s rules for the National Product Catalogue from time to time, that Content is made available to all registered users of the National Product Catalogue; and

   2. making the Content (including Confidential Content) available to the Australian Tax Office or to any other governmental regulatory or other authority or body as required by law (whether that Content is made available in connection with the National Product Catalogue or otherwise) for any purposes associated with the determination or verification of the GST classification of food and non-alcoholic items published on the National Product Catalogue.

Termination

1. Without affecting other rights or obligations under the GS1 Terms, either Party may terminate the GS1 Specific Terms in accordance with the GS1 General Terms.

2. You understand that each GS1 Specific Terms You have agreed to is 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.

Food Standards Australia & New Zealand Information Requirements

1. If You are required pursuant to the Food Standards Australia & New Zealand Act 1991, or otherwise, to comply with the Australian New Zealand Food Standards Code (“Code”):

   1. You must, when entering any Content in respect of any product or item, include in the Content any and all information that You are required to include by way of nutrition information upon any label attached to that product or item pursuant to the Code including, without limitation, any nutrition information required under Standard 1.2.8 published pursuant to the Code;

   2. You warrant that all Content provided by You in accordance with Clause 11.1(a) is accurate and complete; and

   3. You must keep all Content in respect of any product or item up to date and not allow Content to become out of date or inaccurate,

• • and You will indemnify, and keep indemnified and held harmless, GS1 in respect of any liability, loss, cost or expense arising out of any breach of this Clause 11.0.

1. If You maintain any Content in relation to products or items comprising packaged foods for consumption within the Food, Beverage, Liquor and Food Service sectors You can elect to publish your Content to FSANZ for the purpose of the Australian Branded Food Database via the standard National Product Catalogue publishing mechanisms and, in doing so, You acknowledge that:

   1. FSANZ is entitled to use that Content solely for the purposes of the Australian Branded Foods Database;

   2. the Content published by You to FSANZ will be publicly available subject to Clause 11.3; and

   3. FSANZ may collect their own product content about Your product and use that content in the event You do not publish Your Content to FSANZ for the purposes of the Australian Branded Foods Database.

2. If You elect to publish Your Content to FSANZ, You are required to provide and maintain (via the mechanism described in GS1’s rules as amended from time to time) Content Permissions for FSANZ regarding their use of the Content and visibility thereof on the FSANZ public website and/or Australian Branded Foods Database according to the following permissions:

   1. Level 0 – No restrictions: No restrictions on publishing any product data on the public website, or

   2. Level 1 – Minimum Data set: Publish the FSANZ Minimum Product Data including FVNL and Fibre; or

   3. Level 2 – Exclude FVNL & Fibre: Publish the FSANZ Minimum Product Data, excluding FVNL & Fibre; or

   4. Level 3 – Private: Exclude all product data from the public website.

• • You, and FSANZ will be provided with a statement of the selected visibility instructions at the time Your Content is made ready for publication to FSANZ.

1. For the purposes of Clause 11.3, FSANZ Minimum Product Data is defined as:

   1. Global Trade Item Number (GTIN);

   2. product identification such as brand owner and brand names;

   3. nutrition information panel information and listed ingredients;

   4. pack and serve size; and

   5. if displayed, health star rating and health star rating category.

2. While FSANZ is asking manufacturers to provide allergen information, allergen declarations will not be published on the Australian Branded Food Database public website.

Healthcare Data Providers

1. Subject to Clauses 11.2 and 11.3, Healthcare Data Providers may access the National Product Catalogue for Healthcare for the purposes of:

   1. uploading verified, corrected or updated Healthcare Data into the National Product Catalogue for Healthcare for the purpose of making that verified, corrected or updated Healthcare Data available to Healthcare Recipients; and

   2. entering new Healthcare Data into the National Product Catalogue for Healthcare or modifying existing Healthcare Data contained in the National Product Catalogue for Healthcare for the purpose of making that Healthcare Data available to Healthcare Recipients.

2. Prior to any Healthcare Data (including, without limitation, new, verified, corrected or updated Healthcare Data) being made available to Healthcare Recipients by Healthcare Data Providers, the Healthcare Data Provider must submit the Healthcare Data to the QA Process in order to:

   1. allow the review and provision of feedback on the Healthcare Data; and

   2. ensure that each Healthcare product is assigned to the correct virtual National Product Catalogue for Healthcare group with the appropriate Anatomical Therapeutic Chemical classification index code.

3. The Healthcare Data Provider will not make any Healthcare Data available to Healthcare Recipients unless the release of that information has been approved in the course of the QA Process.

4. You:

   1. warrant that all Content (including, without limitation, all Healthcare Data) provided by You is accurate and complete;

   2. must keep all Content (including, without limitation, National Product Catalogue for Healthcare Data) provided by You up to date and not allow such Content to become out of date or inaccurate; and

   3. will indemnify and keep indemnified, and hold harmless, GS1 in respect of any and all liability, loss, cost or expense arising out of any breach of this Clause 11.4.

5. You agree that the Commonwealth, or a third party on behalf of the Commonwealth, may use Your Healthcare Data for the purpose of using the National Product Catalogue for Healthcare.

Healthcare Recipients

1. Healthcare Recipients may access the Healthcare Data contained within the National Product Catalogue for Healthcare for the purpose of:

   1. searching the National Product Catalogue for Healthcare; and

   2. downloading Healthcare Data from the National Product Catalogue for Healthcare for inclusion in their own databases.

2. Healthcare Recipients must ensure they have downloaded the most recently updated Healthcare Data from the National Product Catalogue for Healthcare and incorporated it within their own Healthcare databases before making their National Product Catalogue for Healthcare databases available to their clients.

3. On and from the day this Agreement expires or is terminated, You must not use any Healthcare Data downloaded from the National Product Catalogue for Healthcare:

   1. in a manner that would involve operating a service or system similar to the National Product Catalogue for Healthcare; or

   2. in a manner that suggests that the use of the Healthcare Data is endorsed by, or otherwise has the authority or support of, or is in any way associated with, the Australian Digital Healthcare Agency (formerly NeHTA) or its successors.

4. GS1 does not warrant the accuracy, currency or completeness of any Healthcare Data and will not be liable to You, or any person who obtains Healthcare Data or any data based on, or derived from, Healthcare Data from You and You will indemnify, and keep indemnified and held harmless, GS1 in respect of any such liability.

National Product Catalogue for Healthcare Information

1. Healthcare Recipients and Healthcare Data Providers acknowledge and agree that Healthcare Data and information (including personal information) of Healthcare Recipients and Healthcare Data Providers may be made available by GS1 to the Australian Digital Healthcare Agency (formerly NeHTA) and to other persons who:

   1. are associated with, or provide services in respect of, the operation of the National Product Catalogue for Healthcare; or

   2. replace GS1 or the National Product Catalogue as the provider or host of the National Product Catalogue for Healthcare or a similar service established by the Australian Digital Healthcare Agency (formerly NeHTA).

2. Healthcare Data Providers acknowledge and agree that copies of Data Quality Insights Reports will be made available by GS1 to both the Healthcare Data Providers and additionally to the Australian Digital Healthcare Agency (formerly NeHTA) and Healthcare Data Recipients as a means of monitoring, comparing and improving Data Quality within the National Product Catalogue.

3. The Healthcare Item Data Lake is a searchable repository where Healthcare Data Providers can share information about their products with eligible Data Recipients who have been declared Healthcare Sector Ready.

4. Healthcare Data Providers may choose and are encouraged to publish their Healthcare Item Data to the designated Data Recipient, namely the “Healthcare Item Data Lake”. All Healthcare Data Providers selling to the healthcare market who have been declared Healthcare Sector Ready are eligible to publish their data to the Healthcare Lake. From 1 July 2023, GS1 Australia shall publish all active items to the same Data Recipient on behalf of Healthcare Data Providers. However, Health Data Providers may choose to opt out from publishing their data to the Healthcare Item Data Lake at any time by providing written notice to GS1 Australia in accordance with Clause 15 of the GS1 General Terms.

5. Healthcare providers may still publish GTINs with a future or blank CVD to the Healthcare Lake, but such GTINs will only become discoverable by a Healthcare Requester's API calls when the CVD becomes today's date or earlier.

6. To qualify as a Healthcare Requester, the organisation must be a fully registered and financial Data Recipient. To be approved, a Healthcare Requester must additionally be one of the following:

   1. Federal, State or Territory Health Department or their related agencies;

   2. private and public hospitals/clinics;

   3. recognised healthcare product distributors or buying groups;

   4. pharmacy chains or pharmacy buying groups;

   5. recognised aged care providers;

   6. recognised Healthcare solution providers who provide value added services based on the data; or

   7. any other healthcare product buying groups.

• • In addition, a solution provider must either be a fully registered Data Recipient, or acting on behalf of their Data Recipient client, with the sole purpose of requesting the content for the end-use only by the Data Recipient.

National Product Catalogue Hosted Mapping Services

1. If You have requested GS1 to provide Hosted Mapping Services, You acknowledge:

   1. Hosted Mapping Services are provided on the basis of an agreed one off fee to develop, and an ongoing fee to host, each individual map;

   2. GS1 will develop each requested individual map according to an agreed written map specification;

   3. in the event of upgrades to the National Product Catalogue to meet GDSN, GS1 Registry Platform or GS1 Registry Services, or requirements standards, any maintenance of individual maps to meet the revised standard will be performed at Your cost;

   4. any maintenance of individual maps to meet Your revised business and technical requirements will be performed at Your cost; and

   5. it is Your responsibility to ensure that each hosted map performs in accordance with Your agreed written requirements and as such You will indemnify, and keep indemnified and held harmless, GS1 in respect of any liability, loss, cost or expense arising out of any individual map not performing as expected.

National Product Catalogue Business Validation Rules

1. You, as a Publisher or Third Party Service Provider:

   1. are entitled to use the National Product Catalogue Business Validation Rules solely against data content that is being loaded into the National Product Catalogue; and

   2. must not apply the National Product Catalogue Business Validation Rules to any data being loaded to any other system other than the National Product Catalogue other than for the express purpose of loading to the National Product Catalogue.

2. You, as a Recipient or Third Party Service Provider:

   1. may only apply the National Product Catalogue Business Validation Rules to data that has specifically been sent directly from registered Publishers;

   2. must not apply the National Product Catalogue Business Validation Rules to any data received from the National Product Catalogue unless the Publisher exchanging that data is a registered National Product Catalogue user;

   3. must not apply the National Product Catalogue Business Validation Rules to any data received from the National Product Catalogue where it has been simply passed on as a “GDSN pass-through”; and

   4. for avoidance of any doubt, have no right to access or use Content from the GS1 Registry Platform or GS1 Registry Services under this Agreement. You cannot use the GS1 Registry Platform or GS1 Registry Services as a Data Recipient under this Agreement unless you enter into a separate agreement with GS1.

3. You acknowledge that You must not share externally the National Product Catalogue Business Validation Rules to any third parties without prior written approval from GS1.

Ongoing Data Maintenance

1. An ongoing agreement is automatically entered into between You and GS1 Australia to cover any current or future assistance requirements for loading, managing and maintaining the Content on Your behalf (“Ongoing Data Maintenance”) onto the National Product Catalogue which is operated by GS1 Australia in accordance with this Agreement.

2. Ongoing Data Maintenance has no end date and can be terminated at any time upon issuance of a request in writing by either You or GS1 Australia.

3. Ongoing Data Maintenance can be requested at any time by submission of an Ongoing Data Maintenance request electronically via the electronic form available on the website www.gs1au.org or via email.

4. You understand and agree that where You request GS1 Australia to perform Ongoing Data Maintenance pursuant to Clause 16.3, that Your obligations as Publisher under Clause 3.0 continue to apply.

5. Ongoing Data Maintenance has no minimum spending commitment. GS1 Australia will provide estimates for each Ongoing Data Maintenance request. Each estimate will include the estimated effort required to meet the requirements as well as the time and materials rate applicable at the time of the estimate. Where the price is related to time and materials, the price includes labour but does not include travel expenses (airfares, taxis, accommodation, parking, taxis, mileage and other incidental expenses) and other expenses needed for production of the Deliverables which will be charged to You at cost and only incurred with Your express permission. Each estimate will expire 14 days from the date of each request.

6. GS1 Australia will invoice You in arrears from time to time but no later than the end of each quarter in which any work is completed. You must pay all invoices within 30 days of the invoice date. GS1 Australia may change credit terms upon reasonable notice at any time when, in GS1 Australia’s opinion, Your financial condition, previous payment record, or the nature of Your relationship with GS1 Australia so warrants. If any sum due to GS1 Australia remains unpaid after 60 days from the date of invoice:

   1. You must pay GS1 Australia a late payment fee equal to 5% of the invoiced amount; and

   2. GS1 Australia may terminate these Terms pursuant to GS1 General Terms.

7. If GS1 Australia is liable to pay GST on the supply of GS1 Services and Deliverables, then You must pay GS1 Australia an additional amount equal to the price set out in the Details multiplied by the prevailing GST rate.

8. If GS1 Australia personnel are required to work outside of GS1 Australia’s normal business hours, GS1 Australia reserves the right to increase its quoted rates to meet any additional costs it may incur.

9. If any delays in delivery of any Ongoing Data Maintenance request are caused by You or as a result of You not fulfilling Your obligations, GS1 Australia may charge additional costs incurred as a result of such delays and adjust the agreed delivery schedule accordingly.

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:

• Affiliate means, with respect to a particular person or entity, any entity that directly or indirectly controls, is controlled by, or is under common control with such person or entity.

• API Request Messages means standard format Application Programming Interface documents published by GS1 Australia which document how to retrieve data from either the NPC or Healthcare Item Data Lake using API requests.

• Applicable Laws means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, the Services and includes, without limitation, those relating to trade practices, fair trading, food labelling, intellectual property, privacy, modern slavery and confidentiality and, in the case of the Publisher, all the foregoing in relation to Your Products.

• Australian Branded Foods Database means the publicly accessible database and associated website developed, operated and maintained by FSANZ to compile and publicly disclose comprehensive product information and Content for all products in the food and liquor sectors and inform the government decision making around health and nutrition initiatives such as Healthy Food Partnership Reformulation Program and the Health Star Rating system.

• Australian Users means those users of the National Product Catalogue service that have subscribed to the service offered by GS1 Australia and governed by the Terms and Conditions of use for Australian users.

• Brand Owner means a manufacturer of a product or a retailer with a private label product.

• Buyer has the same meaning as Recipient.

• Community Visibility Date (CVD) means the definition as it appears in the NPC Data Dictionary.

• Confidential Content means the prices of, or trading terms relating to, any products included in a catalogue hosted on the National Product Catalogue, which You have designated as being available only to particular trading partners, and other Content to the extent to which, according to GS1’s rules for the National Product Catalogue from time to time, it is subject to restrictions on disclosure.

• Content means the text, images and other material provided by You, or any other party to GS1 for purposes of publication on the National Product Catalogue, or by the National Product Catalogue to You as a recipient of publication, and unless expressly stated to the contrary includes National Product Catalogue for Healthcare Data.

• Content Permissions means the permissions granted by You to FSANZ regarding the use of Content You have published to FSANZ.

• Data Pool(s) means those persons or entities, including GS1, that have executed a participation agreement with GS1 Data Excellence, Inc., by which they have agreed to access the GDSN and the GS1 Global Registry on behalf of their subscribing customers. A list of Data Pools from time to time can be found on the GDSN website at www.gs1.org.

• Data Quality Insights Reports means detail and summary reports provided by GS1 Australia to Healthcare Suppliers that report on compliance to the applicable National Product Catalogue Validation Rules.

• Data Recipient means any person viewing or using any Content and includes, without limitation, consumers, retailers, internet application providers and public authorities.

• Designee means a person who is a Brand Owner’s authorized party who creates, maintains, manages or delivers Content on behalf of a Brand Owner.

• Fees mean GS1’s fees for the National Product Catalogue service, as published by it from time to time (and “Fee” has a corresponding meaning).

• Food Product Information means information regarding food product composition including but not limited to allergens, ingredients, nutrition, dietary and other related information.

• FSANZ means the independent statutory agency Food Standards Australia & New Zealand established by the Food Standards Australia New Zealand Act 1991 (FSANZ Act).

• FSANZ Minimum Product Data means the minimum dataset required by FSANZ to populate the Australian Branded Foods Database as defined by FSANZ from time to time.

• FSANZ NPC Portal means the on-line catalogue service operated by GS1 for the maintenance and publishing, retrieval or synchronisation of master data and digital content which is currently provided at the following website: https://www.mygs1.gs1au.org/MyGS1 or such other website as is notified by GS1 from time to time. The sole recipient of Content published in the FSANZ NPC Portal is FSANZ who can receive the Content via either of the FSANZ NPC Portal or the National Product Catalogue.

• GDSN:

  1. means the Global Data Synchronisation Network which is an internet based, interconnected network of interoperable data pools, connected via a central global registry operated by GS1 Data Excellence, Inc. and known as the “GS1 Global Registry”, which enables data synchronization in accordance with the GS1 System Standards and to which the National Product Catalogue is connected.

  2. enables:

     1. GS1 to participate and act as a Data Pool in the GDSN for locally certified master data;

     2. (the publication of key searchable data (namely Your GLN, Your products’ GTINs, Your Target Market Country Code, Your Target Market Sub-Division (if applicable) and Your products’ GPC Codes) on the GSI Global Registry (not including Product Descriptions, any Product Details or any Pricing); and

     3. You and other Publishers, Recipients and HealthCare Users to participate in international transactions through the National Product Catalogue.

• GDSN Terms means the terms and conditions of the GS1 Data Excellence, Inc. Terms of Participation Agreement for Non-U.S. Trading Partners, a copy of which are included in Annexure A and the current version of which can be found at http://www.gs1.org/docs/gdsn/support/GDSN_Terms_of_Participation_non_US.pdf

• GS1 means the collective reference to GS1 Australia, GS1 International and GS1 Member Organisations.

• GS1 Australia means GS1 Australia Limited (ABN 67 005 529 920).

• GS1 Global Registry means a global registry including the index for item and party master data which is accessible to Data Pools certified as being compliant with the GS1 System standards.

• GS1 International means GS1 association international sans but lucratif, the international not for profit association incorporated under Belgian law with registered office at Avenue Louise 326, 1050 Brussels, Belgium, registered with the register of legal entities (district of Brussels) under number 419.640.608.

• GS1 Registry Platform means a registry of keys that includes components including but not limited to infrastructure, global data dictionary, GS1 key registry, data in services and data out services.

• GS1 Registry Services means a set of capabilities to get data into the GS1 Registry Platform (“GS1 Registry Data In Services”) and a set of capabilities to get data out of the GS1 Registry Platform (“GS1 Registry Data Out Services”).

• GS1 Services means any services or supplies offered by GS1 from time to time other than the Services under this Agreement such as, but not limited to, GS1 Registry Platform and GS1 Registry Services, Trusted Content Services, Smart Media, Recall and Recall Health.

• GS1 System Standards means an integrated system of global standards (as varied from time to time) that provides for identification and communication of information regarding products, assets, services and locations.

• GTIN means Global Trade Item Number.

• GTIN Search comprises database and access functionality that allows users to obtain a list of GTINs encompassing basic data including but not limited to GTIN, Target Market, Publisher GLN, Publisher Name, Description, tax office (ATO) Approval Status (where applicable), Global Product Classification details and End Availability Date for all active GTINs that have passed their community visibility date.

• Healthcare Data means National Product Catalogue for Healthcare product data and information contained within the National Product Catalogue for Healthcare.

• Healthcare Data Providers means Healthcare vendors and suppliers or other persons who provide Healthcare Data.

• Healthcare Item Data means trading partner neutral item master data content, and specifically excludes any trading partner dependent item data or Recipient specific pricing data.

• Healthcare Item Data Lake (Healthcare Lake) means a searchable repository of Healthcare Item Data that enables each supplier of products to the healthcare sector (regulated healthcare and non-regulated healthcare) to centrally share their item master data to approved Healthcare Requesters.

• Healthcare Recipients means administrators, developers, maintainers of other electronic health systems and all other persons that access or use Healthcare Data.

• Healthcare Requester means an organisation approved by GS1 Australia to request Healthcare Item Data from the Healthcare Lake via API Request Messages.

• Healthcare Users means Healthcare Data Providers or Healthcare Recipients.

• Hosted Mapping Services means the provision of a customised hosted mapping solution to facilitate the exchange of data with the National Product Catalogue in a data format different to the standard National Product Catalogue data definitions to meet a National Product Catalogue user’s particular requirements.

• Loss means any liability, expenses, losses, damages and costs (including legal costs on a full indemnity basis, whether incurred by or awarded against a party) and direct, indirect losses and consequential losses or damages (including loss or corruption of data, loss of any agreement, loss of any business revenue, loss of profits, failure to realise expected profits or savings or any other commercial loss or economic loss of any kind including those arising of any third party claim).

• NPC Data Dictionary means the electronic repository which provides the meaning of the fields used in the National Product Catalogue.

• National Product Catalogue means the suite of on-line catalogue services operated by GS1 for the maintenance and publishing, retrieval or synchronisation of master data and digital content which is currently provided at the following website: https://www.gs1au.org/mygs1/login-mygs1/ or such other website as is notified by GS1 from time to time. It includes the publishing and distribution platforms FSANZ NPC Portal, NPC Publisher, National Product Catalogue, NPC Recipient and NPC Digital Content (formerly known as Smart Media), a validation component National Product Catalogue Business Validation Rules for the validation of all inbound on-line messages, and the GDSN Global Registry which records the GTIN, Publisher's GLN, GPC code and Target Market code of each item. For avoidance of doubt, the GS1 Registry Platform is separate from the National Product Catalogue.

• National Product Catalogue Business Validation Rules means a set of business rules used within the National Product Catalogue to define acceptable data content requirements against and across the National Product Catalogue data field(s) and contains an associated rule number, level of error and error message that will result if a validation rule is breached.

• National Product Catalogue for Healthcare means the catalogue hosted by GS1 on the National Product Catalogue and established by the Australian Digital Healthcare Agency formerly known as the National e-Health Transition Authority (NeHTA) containing healthcare product data linked to, among other things, a GTIN.

• New Zealand Users means those users of the National Product Catalogue service that have subscribed to the service offered by GS1 New Zealand and governed by the Terms and Conditions of use for New Zealand users.

• Ongoing Data Maintenance means the optional service that GS1 provides to assist You, on request, to load or update your Content in the National Product Catalogue.

• Primary Contact means the person nominated by You as the “Primary Contact” in the Registration Form and as captured in GS1’s CRM system or advised to GS1.

• Publicly Available Product Data means GTINs in the National Product Catalogue where the Community Visibility Date field has a value of the current date or earlier in time.

• Publisher means a person who has access rights to use the National Product Catalogue for the promotion (by way of a catalogue or otherwise) of its goods and, unless expressly stated to the contrary, includes Healthcare Data Providers. The term Publisher is interchangeable with Vendor and shall carry the same meaning.

• QA Process means the course of action taken by the person or persons appointed by the Australian Digital Healthcare Agency (formerly NeHTA), and independent of GS1 Australia, to provide quality assurance services in respect of the National Product Catalogue for Healthcare.

• Recipient means a person who has access rights to use the National Product Catalogue for the purpose of viewing the Content of Publishers and, unless expressly stated to the contrary, includes National Product Catalogue for Healthcare Recipients and Healthcare Requesters. Recipient is interchangeable with Buyer, and both shall carry the same meaning.

• Registration Form means the registration form for the National Product Catalogue which is designated by GS1 from time to time.

• Services means any services or supplies provided or to be provided by GS1 under this Agreement, any may include, without limitation, the National Product Catalogue, GDSN, or GS1 Global Registry.

• Third Party Service Provider means a party authorised by a Publisher or Recipient to manage the transfer of Content to, or from, the National Product Catalogue service on behalf of that Publisher or Recipient.

• Vendor has the same meaning as Publisher.

• You means the entity whose details are set out in the Registration Form and includes Healthcare Data Providers, Healthcare Recipients and Healthcare Requesters. Your has a corresponding meaning.