Terms of Use

A brand owner (You) may, by its authorised representative, use this website to submit material to Good On You Pty Ltd (Good On You) for the purpose of Good On You rating or re-rating your brand or brands on their impact on people, the planet and animals (the Review Service). These terms govern the provision by Good On You of the Review Service to You.

PLEASE NOTE: Good On You may from time to time update these terms. Updates come into effect as soon as they are published on this website.

1. Definitions and interpretation

Where commencing with a capital letter:

Contract Material means all Intellectual Property and material brought into existence by Good On You for the purpose of providing the Review Service or any Further Review;

Further Review has the meaning given in clause 6(c);

GST Act means the A New Tax System (Goods and Services Tax) Act 1999;

Intellectual Property means all patents, trade marks, designs, EL rights, copyright, know-how and trade secrets (whether registered or not) as well as any application for registration of any of the foregoing;

Loss means any loss, damage, injury, cost, expense or liability (including all legal costs, whether incurred or awarded) including any consequential loss;

Personal Information has the meaning given to it in section 6 of the Privacy Act 1988;

Rating System means the Good On You brand rating system;

Review Material means all material and information provided or to be provided by You to Good On You for the purpose of providing the Review Service; and

Your Confidential Information means Personal Information and any information provided by You or on Your behalf to Good On You, but does not include Review Material.

2. Your obligations

You must provide any cooperation reasonably requested by Good On You (including the provision to Good On You of further Review Material).

3. Our obligations

Subject to You complying with the obligations set out in clause 2 above, Good On You:

1. will consider all Review Material in accordance with its Rating System within a reasonable time of receiving the Review Material; and
2. may, in its absolute discretion:
   1. seek further Review Material from You; and
   2. give You an opportunity to provide further Review Material.

4. Intellectual Property

Nothing in these terms affects the ownership of any Intellectual Property in the Review Material and the Contract Material.

You grant Good On You a non-exclusive, royalty-free licence to use any Intellectual Property in the Review Material for the purpose of enabling Good On You to provide the Review Service and any Further Review.

5. Warranties

You warrant that:

1. the Review Material is and will be true and accurate;
2. the Review Material is comprised only of information and material in the public domain or supported by information and material in the public domain; and
3. the provision of the Review Material to Good On You will not infringe any other person’s Intellectual Property rights and that Good On You does not require the consent of any person to use the Review Material in accordance with this clause.

6. Acknowledgment

You acknowledge that:

1. provision of the Review Service:
   1. will not necessarily result in a favourable or more favourable Good On You rating for your brand or brands; and
   2. may result in an unfavourable or less favourable rating for your brand or brands or no change in rating for your brand or brands;
2. Good On You is not under an obligation to have regard to Review Material that is information and material not in the public domain or not supported by information and material in the public domain;
3. Good On You has no obligation to enter into further correspondence with You in relation to a final rating or re-rating decision;
4. Good On You retains the right, upon expiry of these terms, to review any of Your brands and to re-rate those brands accordingly (Further Review); and
5. any Further Review by Good On You of Your brands may be informed by Good On You’s consideration of the Review Material in the course of providing the Review Service.

7. Liability

PLEASE NOTE:

To the extent permissible by law, Good On You’s liability is as expressly stated in these terms and all other liability is excluded.

To the extent permitted by law, Good On You’s liability in connection with these terms, including for any breach of consumer guarantees or implied terms or for any Loss caused or contributed to by Good On You’s negligence, is limited, at Good On You’s option, provision of the services again, or to the amount of any fee paid by any party to Good On You for the Review Services.

8. Indemnity

PLEASE NOTE:

You indemnify Good On You against any Loss suffered or incurred:

1. by Good On You in relation to:
   1. any breach by You of any warranty under these terms; and
   2. any demand, claim or proceedings alleging that Good On You’s use of the Contract Material or the Review Material infringes the Intellectual Property rights of a third party; and
2. by You in relation to Good On You’s provision of the Review Service in accordance with these terms.

9. Expiry

Unless otherwise agreed, these terms expire when Good On You completes its provision of the Review Service to You.

10. Confidentiality

Good On You must:

1. keep Your Confidential Information confidential and not disclose it to any third party without Your prior written consent;
2. use Your Confidential Information only as contemplated by these terms; and
3. on request from You, return to You all of Your Confidential Information that is in hard copy format and permanently delete from all computer systems under Good On You’s control all of Your Confidential Information that is in electronic format.

The obligations of Good On You in this clause 11 do not apply to any Confidential Information:

1. that was in Good On You’s possession at the time of disclosure to Good On You and was not acquired in breach of or under an obligation of confidence;
2. that is in the public domain other than as a result of breach of these terms;
3. that was acquired from a third party, provided that it was not acquired by the third party unlawfully or in breach of or under an obligation of confidence;
4. that was independently developed by Good On You, its employees or its contractors who did not have access to Your Confidential Information; or
5. to the extent that it is required or permitted to be disclosed or retained by law.

11. Privacy

Good On You must:

1. ensure that any Personal Information held by it in connection with these terms is handled in accordance with the Privacy Act 1988 and Good On You’s privacy policy;
2. only use that Personal Information for the purpose of providing the Review Service or any Further Review; and
3. not, without the Your prior written consent, disclose or permit access to that Personal Information other than for the purpose of providing the Review Service or any Further Review.

12. Miscellaneous

These terms embody the entire understanding and agreement between the parties regarding the subject matter of these terms.

Each party must promptly sign all documents and do all things that the other party reasonably requests to effect, perfect or complete these terms and all transactions incidental to it.

A waiver under these terms is not binding on a party unless it is in writing and signed by the party. A waiver is not a waiver of any other right.

Each of the agreements of the parties under these terms is severable from the others and the severance of one agreement does not affect the other agreements.

Neither party nor any person acting on behalf of a party may hold themselves out as being entitled to contract or accept payment in the name of or on account of the other party.

Clauses 4 to 13 survive termination or expiry of these terms.

These terms are governed by and must be construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales and all courts that have jurisdiction to hear appeals from those courts and waives any right to object to proceedings being brought in those courts for any reason.