Terms and conditions
Definitions
The following definitions will apply within these Terms and
Conditions:
1.1
“The Sultanate”: means the Sultanate of Oman.
1.2 “Additional Number Fees” means the fees for issue and use of
additional GS1 Numbers stated in the Application Form from time to time or as
amended in accordance with condition 4.2.
1.3 “Application Form” means the OBC application forms whereby
organisations and/or businesses apply to become Members of OBC.
1.4 “Barcode Download Services” means the ability of Members to
create and download Barcode images via the Website.
1.5 “Brand Owner” means the legal possessor of the name, term,
design, symbol, or any other feature that identifies a physical good or service
sold. A Brand Owner does not need to be the manufacturer of the product or
service but is always the ultimate legal custodian of the brand.
1.6 “Business Day” means any day of the week except Friday,
Saturday or a public holiday in the Sultanate.
1.7 “Commencement Date” means the date of acceptance of the
Member’s Application Form in writing (which for the purposes of this definition
will include by post, facsimile or email) by OBC or such other date as OBC will
notify to the Member in writing.
1.8 “Electronic Form” means by email, via the Website, by fax or
any other means while in an electronic form.
1.9 “Fees” means the Membership Fees, Additional Number Fees and
such other fees as will be payable to OBC by the Member from time to time in
relation to the Member Online Services.
1.10 “GS1 Numbers” means the GS1 global company prefix number
and other numbers that are issued and licensed by OBC for use in accordance
with these Terms and Conditions.
1.11 “GS1 Numbering System” means the numbering systems and
standards published and promoted by OBC from time to time.
1.12 “Information Provider” means the original source of Product
Data used in GS1 online services such as TrueSource. Information Providers
handle product data approved by brand owners and then subsequently make this
available to TrueSource.
1.13 “Intellectual Property” means without limitation all rights
existing and/or arising from time to time in connection with discoveries,
inventions, patents, improvements, business methods, technologies, utility
models, trademarks, service marks, logos, database rights, designs,
information, copyright, confidential information, know-how, processes and trade
secrets, semi-conductor chip rights, business names, and equivalents of any of
the foregoing anywhere in the world and whether registered or unregistered in relation
to any of the foregoing and including any applications for registration of the
foregoing.
1.14 “Licence” means the licence granted under these Terms and
Conditions by OBC to use the GS1 Numbers and the Member Online Services.
1.15 “Authorize User” means the person authorised by the
Member to use the website online services provided by OBC.
1.16 “Member” means the person whose completed Application
Form is accepted by OBC in writing (which for the purposes of this definition
will include by post, facsimile or email).
1.17 “Member Data” means all data and/or information input
into the Member Online Services by or on behalf of the Member which shall
include without limitation the Product Data.
1.18 “Membership Fees” means the joining fee and/or annual
licence fee stated in the Application Form from time to time, or as amended in
accordance with condition 4.2
1.19.a “Additional Fees” means the amount GS1KSA may
introduce based on the special conditions for any particular business segment,
and/or introduce additional services required from any official authority of
government. This fee may be one-time or yearly paid amount.
1.20 “Member Online Services Description” means the description
of the Member Online Services from time to time published on the Website.
1.21 “On-boarded” means that a member has an activated Member
Online Services and has been trained on how to use membership online portal and
its related services.
1.22 “Products” means: (i) the products or services manufactured,
provided and/or sold by the Member and/or (ii) assets and/or locations to be
identified and/or (iii) any other application of the GS1 Numbers identified in
the GS1 Numbering System, as selected by the Member from time to time.
1.23 “Product Data” means all data and/or information
supplied by the Member relating to the Member’s Products.
1.24 “Relationship Dependent Data (RDD)” means product data that
can vary from one trading partner to another such as a marketing conditions,
prices, discounts, logistics agreements, payment terms and quantity ordered.
1.25 “Representative” means a third party authorised to work on
behalf of OBC to provide a service for OBC members.
1.26 “Subscription Year” means the Gregorian year starting from
January to December every year. It’s a period commencing on the Commencement
Date up to the last day of the same year of the commencement date i.e. December
31st.
1.27 “Terms and Conditions” means these terms and conditions as
varied from time to time by OBC in accordance with condition 11.
1.28 “Trade Marks” means the brand names, trademarks and
service marks (whether registered or not and including any applications for
registration) with which OBC and/or the GS1 Numbering System is associated. The
list may be added to or amended by OBC by giving written notice to the Member
at any time.
1.29 “GTIN” is a member online service that allows users to
store and manage their product data in a secure online environment.
1.30 “Users” means those employees of the Member who are
authorised to use the Member Online Services.
1.31 “Website” means www.GS1.org.sa, associated service
sites and microsites.
Grant of licence
2.1
OBC grants to the Member a non-exclusive non-transferable licence to allocate
the GS1 Numbers issued to the Member for use with the Member’s products.
The Licence will commence on the Commencement Date and will continue until
terminated as provided in condition 17.
2.2 During the continuance of the Licence, the GS1 Numbers can
be exclusively allocated to products by the Member, however once the GS1
Numbers have been allocated to a product by the Member, the GS1 Numbers can be
used by any other person for use in connection with the products to which the
GS1 Number(s) has/have been allocated by the Member to ensure consistency with
identification of products in accordance with the GS1 Numbering System.
2.3 OBC reserves the right to make available to third parties,
data relating to the Member including without limit the GS1 Numbers and Member
Data, including Product Data defined by member companies.
2.4 The Member agrees that it is responsible for providing OBC
with the data required for the administration of its membership and that such
data is accurate.
2.5 The Member agrees that it is responsible for ensuring that
its product data is accurate.
Commencement Date
3.1 These Terms and Conditions between OBC and the Member come
into effect on the Commencement Date. In completing the Application Form the
Member confirms that it has read and agrees to be bound by these Terms and
Conditions.
Fees
4.1 Fees Payable: The Member will pay to OBC the Fees in respect
of the relevant Subscription Year and/or the Member Online Services. The Fees
must be paid by the Member to OBC in full no later than 30 days following the
date of invoice.
4.2 Amount of Fees: As at the commencement of the Licence the
Fees are as specified in the website online service. Where a new company joins OBC,
it will pay full registration fee. The
amount of yearly subscription will be calculated on the basis of following; All
companies that joins in between January to June, the full yearly subscription
fee will be charged, For companies falling under category A+ Platinum, B+ Gold,
and B Silver members that join in July to December, the half yearly
subscription fee will be charged. OBC may change the amount of the Fees
applicable from time to time and OBC relies upon the information provided by
the Member to administer the membership.
4.3 Late Payment fee: In the event of any delay in effecting
payment due under these Terms and Conditions by the date specified in condition
4.1, OBC may charge an additional fee for late payment. OBC reserves the right
to charge an administration fee for late payment of fees.
4.4 Refund policy: As at the commencement of the Licence Once
submitted, the Registration Fee is non-refundable. Refunds shall not be given
after 15 days of submitting an application form for any reason whatsoever
(including but not limited to applications submitted in error). As an
administration fee, all applications may be taken as having been received and
processed within 15 days of submission. A request to cancel an application or
refund of the Application Fee, must be received by OBC within 15 days of the application
form being submitted. After such time, no refund shall be given.
Member’s conduct and undertakings
5.1 Not Prejudice OBC’s Goodwill: The Member undertakes to OBC
that it will not (and it will procure that its employees, agents and/or
contractors will not) at any time during the continuance of the Licence (or after its termination) and/or in
connection with the provision of the Member Online Services, be a party, either
directly or indirectly, to any act, matter or thing whereby OBC’s goodwill,
reputation, trade or business may be prejudicially affected or brought into
disrepute.
5.2 Standards: The Member will abide by and comply with the
technical standards and specifications set out by the OBC’s instructions,
guidelines and the GS1 Numbering System and such other directions as OBC may
give from time to time.
5.3 Evidence of compliance: On request but in any event not more
than once per calendar year unless GS1 acting reasonably requires such
information more frequently than once a year the Member will provide GS1 with
such information as it may reasonably require in relation to the Member’s use
of the GS1 numbers and Member Online Services to ensure the Terms and Conditions
are being complied with. Where the GS1 numbers are applied to the
physical Products and on reasonable request of GS1 the Member will use
reasonable endeavours to facilitate with its warehouse provider access for GS1
to inspect the Products.
5.5 Suspension: OBC reserves the right to suspend or limit the
Member’s or Users’ access to the Website where (i) in OBC’s opinion the acts or
omissions of the Member or Users have or may damage the goodwill and/or
reputation of OBC or (ii) in OBC’s opinion the Member and/or the Users have
failed to comply with their obligations in connection with these Terms and
Conditions or (iii) the Member has failed to pay Fees when due.
5.6 The User undertakes:
Use this service for legitimate purposes only, not to use or
publish any data that could affect the use of the service, prevent any
individual or party from using his/her password, and use up-to-date anti-virus
software.
Use of GS1 Numbers and other Intellectual Property
6.1 Use of GS1 Numbers: The Member is only entitled to use the
GS1 Numbers issued to the Member by OBC in connection with the manufacture,
sale and identification of the Products and in accordance with the GS1
Numbering System. The Member is prohibited from and undertakes not to
6.1.1 use any numbers which purport to be issued by OBC or which
copy or are in any way similar to the GS1 Numbering System;
6.1.2 use any numbers which have been allocated by GS1 KSA to OBC
and/or are contained in the GS1 Numbering System but have not been allocated to
any other person; and/or
6.1.3 allocate GS1 Numbers that are licensed to other third
parties 6.2 Not Alter the Numbers: The Member will not alter the GS1 Numbers
licensed to it in any way. For the avoidance of doubt, the Member will not be
deemed to alter the GS1 Numbers in the event that the Member adds more digits
to the GS1 Numbers in accordance with the GS1 Numbering System.
6.3 Title to Numbers: The Member acknowledges and accepts that OBC
KSA or its licensors will at all times own the rights and title to the GS1
Numbers and all Intellectual Property relating thereto and the Member will not
at any time do or suffer to be done any act or thing which may in any way
impair OBC’s rights or its licensors’ in the GS1 Numbers or related
Intellectual Property. The GS1 Numbers are the exclusive property of OBC or its
licensors. The Member will acquire no rights in or to the GS1 Numbers or any
related Intellectual Property save as specifically stated in these Terms and
Conditions.
6.4 Not Permit Allocation: The Member will not permit anyone
else to allocate the GS1 Numbers issued to the Member to identify Products
other than those Products of the Member.
6.5 No Challenge or Misuse of GS1 Numbers: The Member will not
at any time, either during the term of this Licence or after termination,
directly or indirectly: (i) Challenge Ownership of GS1 Numbers: challenge, call
into question or raise any questions concerning the validity or ownership of
the GS1 Numbers or related Intellectual Property; or (ii) Seek Registration of
Similar Numbers: use or seek registration of any Intellectual Property
including any design which incorporates or includes, or is substantially
identical to, or similar to, the GS1 Numbers or related Intellectual Property
without GS1’s prior written consent.
6.6 Use of GS1 Numbers is subject to a licence granted by OBC
(or another GS1 Member Organisation or GS1 Global Office).
6.7 Allocation: The Member agrees that if the GS1 Numbers are:
(i) not being used for the purpose allocated; (ii) being used in a manner
inconsistent with the policies notified to you from time to time by OBC governing
the use of the GS1 Numbers; (iii) being used for purposes detrimental to the
operation of OBC or the GS1 Numbering System; or (iv) being used in a manner
otherwise inconsistent with these Terms and Conditions, then OBC may revoke the
GS1 Number allocation. Failure to allow, or to provide reasonable assistance
to, OBC in reviewing the utilisation of your use of the GS1 Number in
accordance with condition 5.3 may also result in revocation of the GS1 Number
allocation from the Member.
Use of trade marks for marketing and promotions
7.1
Limited Rights to Use for Marketing/Promotion: OBC understands that in the
marketing and promotion of the Products, the Member may wish to use the Trade
Marks. The Member’s only rights to use the Trade Marks on marketing and
promotional materials are specified in this condition 7.
7.2
OBC Consent: The Member will not use the Trade Marks in connection with the
Products or in any marketing or promotional material without the prior written
consent of OBC. The Member will submit samples of the proposed marketing and
promotional materials to OBC for approval at least 15 Business Days prior to
the intended date of publication. Consent will be at the entire discretion of OBC
and OBC will not have any liability to the Member for any costs liability and
or expenses incurred by the Member in the event that consent is refused. 7.3
Correct Reproduction of Trade Marks: If the Member is permitted pursuant to
this condition 7 to use the Trade Marks for marketing and promotional
materials, it must ensure that the Trade Marks are correctly reproduced.
Intellectual property infringement
8.1 If members notice any violation of their intellectual
property rights related to GS1 numbers, trademarks or member online services,
they should notify OBC immediately in writing. OBC has the right to take the
necessary actions, or monitor or control any procedures that could be taken in
this case. Members are not authorised to release any declarations or make any
settlements in this regard. In addition, members should provide all the
necessary information related to this violation, as required by OBC.
Member online services
9.1 OBC may make certain Member Online Services available to
Members through the Website. The Member undertakes to use the Member Online
Services only in accordance with the Member Online Services Description.
9.2 OBC does not make any guarantee that the Member Online
Services will be available at any time or that they will be uninterrupted or
error free. 9.3 The Member will be responsible for the registration of an
Authorize User to use the Member Online Services. The Member will be
responsible for the security and non-disclosure of passwords and other
identification procedures issued to the Authorized User by OBC.
9.4 Where the Member Online Services are provided free of
charge, the Member acknowledges and accepts that OBC will have no liability to
Member or any third party in connection with Member’s use of those Member
Online Services and/or in connection with any act or omission of OBC or any
third party in connection with the provision of those Member Online Services.
OBC reserves the right to charge a fee any time for using the website
online service, in order to provide additional services to the member
companies.
9.5 The Member is responsible for the input and retrieval of
Member Data in connection with the Member Online Services. The Member
undertakes to keep a copy of all Member Data input in the Member Online
Services. 9.6 The Member accepts that commentary, data and information posted
on the Website by other Members or third parties is not intended to amount to
advice on which reliance should be placed. OBC accepts no responsibility
for the accuracy of such information and shall not have any responsibility to
the Member or any third party that may rely on such commentary, data or
information.
9.7 Any Member Data will be considered non-confidential and
non-proprietary and OBC has the right to use, copy, distribute and disclose to
third parties any Member Data for any purpose, including product data, refer to
the definitions’ section for the product definition. OBC has the right to
disclose the Member’s or User’s identity to any third party who is claiming
that any material posted or uploaded by the Member or User constitutes a
violation of their intellectual property rights or of their right to privacy.
9.8 The Member may not use the Website or any of
the Member Online Services to do any act or thing that breaches any applicable
law, is fraudulent, defamatory, discriminatory, obscene, offensive, hateful or
harassing, harms or attempts to harm any person, or transmits a virus or other
software or code designed to adversely affect the operation of computer
software or hardware.
9.9 The Member will indemnify OBC against all claims, actions,
proceedings, losses, damages, expenses and cost (including legal fees) arising
in connection with the Member’s use of the Member Online Services and/or the
processing and/or presence of the Member Data on OBC’s systems (which will
include systems operated by third party contractors on behalf of OBC).
9.10 OBC reserves the right to terminate and/or change the
Member Online Services at any time on notice to the Member.
9.11 The Member acknowledges and accepts that the Intellectual
Property in the Member Online Services will at all times be owned by OBC or its
licensors. 9.12 All conditions, warranties and other terms which might have
effect between the parties or be implied or incorporated into these Terms and
Conditions whether by statute, common law or otherwise are hereby excluded to
the fullest extent permitted by law, including without limitation the implied
conditions, warranties or other terms as to satisfactory quality, fitness for
purpose or use of reasonable skill and care.
9.13 The provisions of this condition 9 will incorporate and be
subject to any terms and conditions that the Member may be required to accept
prior to use of the Member Online Services on the Website.
9.14 Nothing in this condition 9 will have effect to limit or
exclude OBC’s liability to Member for personal injury or death caused by OBC’s
negligence, or for fraudulent misrepresentation.
9.15 Termination of the Licence will automatically terminate
Member’s right to use the Member Online Services. Any suspension of the Licence
will suspend the Member’s right to use the Member Online Services.
9.16 OBC will from time to time work with 3rd parties to deliver
Member Online Services and Members will be bound to this third party under the
same terms and conditions as set out in this agreement.
Barcode Download Services
10.1 The Barcode Download Services shall be made available to
Members as part of the Members Online Services.
10.2 OBC does not make any representation or guarantee that
Barcodes produced from images supplied under the Barcode Download Services will
be capable of being scanned and the Member accepts full responsibility for
checking that all Barcodes produced from downloaded images can be scanned
correctly.
Variation of terms and conditions
11.1 OBC has the right to vary these Terms and Conditions at any
time by giving written notice to the Member. Any such variation notified by OBC
will take effect immediately (unless a later date is specified in the notice).
Compliance with OBC rules
12.1 As long as the Member, the organization or the institution
is a member of OBC, it must comply with the terms of the standards,
specifications, policies and terms of use of GS1 Numbers as issued from time to
time by OBC. The Member understands that such standards, specifications,
policies and terms of use may require modification and amendment and that such
modifications and amendments may be made without prior notice. The Member
acknowledges that such standards, specifications, policies and terms of use are
deemed to form part of these Terms and Conditions. Failure to comply with
these standards, specifications, policies and terms of use may result in
revocation of a Member’s GS1 Numbers and even termination of Membership in
accordance with condition 17.
12.2 The Member should also be aware of and comply with the
Memorandum and Articles of Association, which are available on request from OBC.
Survival
13.1 The covenants and acknowledgements contained in conditions
4.1, 4.2, 4.3, 4.4, 5.1, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17, 18 and 22 will
remain in force and effect after the termination or expiry of the Licence for
any reason and will not be deemed waived, merged or extinguished upon such
termination or expiry.
Indemnity and limitation of liability
14.1 The Member agrees to indemnify OBC in full and hold OBC
harmless against any third party claims, proceedings, suits, losses, damages,
judgments, awards, expenses or costs (including legal costs) suffered or
incurred by OBC as a result of the negligence, fault, error, omission, act or
breach of the Member, its employees, staff, contractors, agents or representatives,
relating to these Terms and Conditions.
14.2 Notwithstanding any other provision contained in these
Terms and Conditions, OBC will not be liable to the Member for any indirect or
special, incidental, punitive or consequential loss or damages, whether
occasioned by the negligence, fault, error, omission, act or breach of OBC, its
employees and contractors and sub-contractors and which will include, without
limitation, loss of contracts, loss of business, loss of customers, revenue or
profits, loss of use or data, loss of savings or anticipated savings, loss of
investments, loss of goodwill or reputation, capital costs or loss of extra
administrative cost whether or not foreseeable, arising out of or in connection
with these Terms and Conditions, whether in an action based on statute,
contract, equity or tort including negligence or otherwise at law. The
provisions of this Condition 14.2 will not have effect to limit OBC’s liability
to any person for personal injury or death arising out of the negligence of OBC,
or liability for fraudulent misrepresentation.
14.3 Without prejudice to Condition 14.2, OBC’s total liability
to the Member or any third party in contract tort statute or equity or
otherwise arising in connection with these Terms and Conditions will not in
aggregate exceed the Fees paid by the Member to OBC in respect of the
Subscription Year in which such liability arises.
Confidentiality
15.1 The Member will always keep confidential and secure, and
not exploit or otherwise misuse, any information of OBC’s which is identified
as or would reasonably be expected to be, proprietary, confidential or
commercially sensitive. The Member will only disclose that information to the
extent that: (i) it is necessary to perform the Member’s obligations under the
Licence and on a “need-to-know” basis only; (ii) OBC authorises it in writing;
or (iii) as required by the Omani law and regulations.
Assignment and sublicence
16.1 The Member will not assign, transfer, sublicense or
subcontract its rights and obligations under the Licence. For the avoidance of
doubt, in the event that any Products are (and/or the business relating to use
of the Products is, in whole or in part) divested from the business of the
Member, the purchaser of such Products and/or the business of the Member where
such Products are divested, will not be entitled to use (and the Member will
not permit the use of) GS1 Numbers and/or the Member Online Services in
connection with such Products without the prior written consent of OBC.
Termination
17.1 OBC Termination: OBC will have the right to terminate
and/or suspend the Licence immediately by giving notice if: (i) Failure to Pay
Licence Fee: the Member fails to pay any Licence Fee by its due date; (ii)
Breach: the Member commits a breach of its obligations under these Terms and
Conditions; (iii) Insolvency: the Member is declared bankrupt, or it makes any
composition or arrangement with, or conveyance or assignment for the benefit of
its creditors, or any application is made under any Bankruptcy Act for the time
being in force for a sequestration of its estate, or a trustee is granted by
the Member on behalf of its creditors, or if it, being a company, has a
petition presented for its winding up or enters into voluntary or compulsory
liquidation (except for the purpose of a bona fide solvent reconstruction or
amalgamation), or if a receiver or examiner is appointed over any of the
Member’s undertaking or assets on behalf of debenture holders or creditors or
otherwise; (iv) Cease Trading: the Member ceases or threatens to cease trading;
or (v) Member ceases to be a Member: the Member ceases to be a member of OBC
for any reason; or (vi) Head Licence Terminates: OBC ceases to hold the
necessary licence rights to issue GS1 Numbers in KSA.
17.2 Termination by Member: The Member may otherwise terminate
this Licence in any other circumstances by giving not less than one month’s
written notice to OBC. In the event of such termination the Member shall not be
entitled to any refund of Fees paid or payable in connection with the unexpired
proportion of a Subscription Year. For the avoidance of doubt all Fees payable
shall be paid immediately by the Member. The Member should clear all payable
due to up to the date of termination request.
17.3 No Release from Obligations: Termination of this Licence
does not relieve either OBC or the Member from liability arising from any prior
breach of the terms of this Licence.
Consequences of termination
18.1 On termination of this Licence, the Member’s rights under
this Licence will terminate and the Member will immediately comply with the
following: (i) Cease applying GS1 Numbers to Products: cease applying the GS1
Numbers to any Products manufactured or sold by the Member after the
termination date; (ii) Cease using Member Online Services: immediately cease
using the Member Online Services; and (iii) Cease to Use Intellectual Property:
cease all direct or indirect use of the GS1 Numbers, the Member Online Services
and related Intellectual Property other than in connection with Products
manufactured or sold prior to the termination date.
Dispute resolution
19.1 Where any dispute arises between OBC and one of the members
in relation to the Licence or any matter arising under it, GS1 and the Member
will make genuine efforts to resolve the dispute by negotiation.
Notices
20.1 All notices and other communications, including the supply
of OBC documentation to Members, required or permitted under this Licence or
for the purposes of administering the Membership, will be in writing and will
either be delivered in one of the following manner (at OBC’s discretion): (i)
in Electronic Form, gs1@csc.org.sa (ii) personally; (iii) sent by post or sent
by facsimile transmission (and promptly confirmed by post).
20.2 Any such notice or other communication will be deemed
delivered: (i) 48 hours after being sent in Electronic Form, or if made
available via the Website, when the documentation, communication and/or
information is first made available on the Website, or if later, when the
Member is notified of the availability on the Website; (ii) when so delivered
personally; or (iii) if sent by facsimile transmission on the next following
Business Day in the country in which it is received, or the next Business Day
after sending by post within KSA or five Business Days after sending by post to
a location outside KSA.
20.3 If OBC decides in its discretion to send notices to Members
by post, then such notices will be sent to the address specified on the
Application Form (or such other address as the Member may notify OBC of from
time to time). Members must provide OBC with a suitable email address for
receiving communications from OBC via email in accordance with this condition
20 (unless a Member opts out to receiving such communications by email in
accordance with this condition 20). Notices for OBC must be sent to,
Company Secretary of OBC at OBC’s address, or by email at gs1@csc.org.s or as
notified to the Member from time to time.
Data protection
21.1 Use of personal data: OBC uses data obtained from Members
for general administration purposes, including but not limited to, building up
a database of Members and invoicing Members. From time to time, unless a Member
or an individual representative of a Member indicates that they would not like
to receive such information, OBC may use the contact details of such
individuals to contact them by post, fax, email or telephone to brief them
about OBC activities and developments relevant to their membership of OBC.
21.2 Consent: the Member confirms that it has obtained the
necessary consents of any person whose personal data is made available to OBC
by the Member in connection with these Terms and Conditions, for such person’s
personal data to be used by OBC in accordance with this condition 21.
General legal provisions
22.1 Governing Law: These terms and conditions are governed by Omani
law. Courts in the Sultanate of Oman are responsible for resolving any disputes
arising under this agreement.
22.2 Waiver: A waiver by either party to these Terms and
Conditions of any breach by the other party of any of these Terms and
Conditions or the acquiescence of such party in any act which but for such
acquiescence would be a breach as aforesaid, will not operate as a waiver of
any rights or the exercise thereof, unless such waiver is in writing and signed
by the relevant party providing it.
22.3 Severance: If any provision contained in these Terms and
Conditions is agreed by the parties to be illegal, void, invalid or
unenforceable, or if any court or arbitrator of competent jurisdiction in a
final decision so determines, it will be severable and will be deemed to be
deleted from these Terms and Conditions with effect from the date of such
agreement or as declared by a decision of the said court or arbitrator or such
earlier date as the parties may agree and will not affect the validity or
enforceability of other provisions in these Terms and Conditions.
22.4 Entire agreement: These Terms and Conditions (and any
amendments or variation thereto in accordance with condition 11) constitute the
entire agreement between OBC and the Member and supersedes any previous
agreement between the parties in relation to the subject matters of these Terms
and Conditions.
OBC Online Service Description
OBC Online Service Overview
OBC’s online service combines a suite of tools with a knowledge
centre with the aim of supporting you to maximise the benefits from your OBC
subscription. The core features include; intuitive self-service, number
management, GS1 identification key generator, barcode image creation, knowledge
resource centre, discussion forum, as well as industry news. This service will
be available to you 24 hours a day 365 days a year** and is complementary to
your membership service team who are available during business hours.
OBC Online Services detail
Self-service Manage your own user list, build and
view your trading history, transact online and access to the a suite of
services including: Number management Using the My
Numberbank functionality you can access the numbers which have been licensed to
your company and record the allocation of these numbers to specific products
and locations. Check Digit Calculator Use this tool if you need to
check or create a check digit for a GS1 data string, you note that this is
automatically produced in My Numberbank. Barcode Image Creation Once
you have allocated you GS1 number to a product you will have the ability to
produce an artwork ready GS1 compliant barcode image. Industry
News Keep up to date with the latest news from your industry and OBC with
this rich content. Product Data
At all times the accuracy and completeness of the product data
remains the responsibility of the Member and/or Information Provider, unless
the Information Provider has documented authorisation from the Brand Owner to
automatically convey updated product data on their behalf, whereby this becomes
the responsibility of the Brand Owner.
System criteria
Operating System Windows 7 or more recent Mac OS or more
recent
Browsers Internet Explorer or a more up-to-date browser Firefox
a more up-to-date browser Google Chrome a more up-to-date browser Safari S4 or
more a more up-to-date browser
Virus Protection
to use such virus protection software as it considers
appropriate to prevent the spread of any virus to any computer used by the User
in relation to the User’s access to the Service pursuant to and in accordance
with the Conditions.
I have read and understood the
above terms and conditions.
