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.
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.
You must provide any cooperation reasonably requested by Good On You (including the provision to Good On You of further Review Material).
Subject to You complying with the obligations set out in clause 2 above, Good On You:
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.
You warrant that:
You acknowledge that:
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.
You indemnify Good On You against any Loss suffered or incurred:
Unless otherwise agreed, these terms expire when Good On You completes its provision of the Review Service to You.
Good On You must:
The obligations of Good On You in this clause 11 do not apply to any Confidential Information:
Good On You must:
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.